thereof.
When the investigation was pending, A4 volunteered to
make a confessional statement which was recorded by
Shambulingappa (PW50), a Judicial Magistrate on 20.9.1993
after ... statement.
It is worth noticing that in the statement recorded under
Section 313 of the Cr.P.C., A4 denied of having made the
confessional
those were to be
recorded before the Judicial Magistrate, accordingly, their confessional
statements were recorded by the magistrates (PWs.81 and 82). Some ... case diary, statement of witnesses, reports of the
experts and confessional statements came to the conclusion that provisions
of Terrorist and Disruptive Activities (Prevention
foot
prints of Kumar (A-9). Further the recovery mahazars
and confessional statements by Pavunraj (A-10) under
27
Exhibit P-54 and that made ... identification parade held on 29.10.93. Kumar (A-9)
gave a voluntary confessional statement before the
witness where he had urged that if he was taken
statement
made in his confession. This important document which
demonstrates the incriminating conduct of the respondent.
apart from corroborating his statement in the confessional
statement ... those
statements. On the other hand while rejecting their
statements the High Court made no effort to find out whether
the prior statements made
whom was an
injured witness as also the appellant's confessional
statement recorded by the police under Section 15 of the
Act, constitute ... strongest acknowledgement of the force of truth."
38. The confessional statement of the appellant with which
we intend to deal now is the other
willing to give
statement, his statement was recorded after necessary formalities. In
his confessional statement, he has stated as under:-
On.19.10.1996, after ... After considering the aforesaid circumstantial evidence, the
Court referred to the confessional statement of A-2 Sandip Patil as
one circumstance connecting A-1 Prakash
passed by the Additional Judge does not call
for any interference. Confessional statements are found to
be not voluntary and are held to be unreliable ... that
on 5.5.1988, 22.5.1998, 2.6.1998 and 14.6.1998, he had
recorded the confessional statements of number of accused.
It is his say that
appellant was arrested on 6th July, 1992. Nishan Singh made a confessional statement on 24th April, 1992 and the appellant on 1st December ... Deepali (PW-3), the approver Kulvinder Singh (PW-1), and the confessional statement of the appellant. It may be noticed that the confessional statement made
presence of PW 126. PW 1 gave a confessional statement
and it was reduced to writing. The admissible portions were
marked ... investigation commenced and on being questioned A-1 also
made a confessional statement and the admissible portion is
marked
SCALE (1)681
ACT:
Code of Criminal Procedure 1973 s. 164-Confessional
Statement- Time for Reflection to the accused-How much
should be given-Magistrate ... insufficient and makes the
statement inadmissible in evidence-Held Confessional
Statement cannot be rejected merely because only 3 hours'
time is given for reflection
