Rajiv Sharma & Another vs State Of Himachal Pradesh on 14 December, 2015
Bench: Rajiv
supra) discusses in detail
what is meant by the term βconfessionβ, a term not defined in the
Evidence Act , to observe that vide definition given ... Pakala Narayana Swami case and their
approval in Palvinder Kaur case defined a confession as βan
admission of the offence by a person charged with
Supreme Court considered as to what is meant by confession. It was
found that the confession is a statement made by an accused, which must ... would
amount to a confession. The Court observed as under:
"10. The expression "confession" is not defined in the Evidence
confession statement of
Ramesh (A2), it is necessary to briefly re-state the law governing the
admissibility of confessions. The Evidence Act does not define ... incriminating fact, is not, by itself, a confession. Confessions are a
species of admissions which are defined in Section 17 of the Evidence
insisted upon, more often than not evidentiary value of extra judicial
confession has to be thrown out as unreliable and not useful. That
cannot ... founded. Such confession should be clear, specific
and unambiguous.
10. The expression 'confession' is not defined in the Evidence Act ,
'Confession
well as the High Courts.
The word 'confession' has no where been defined. However, the courts have
resorted to the dictionary meaning ... commission of the crime would amount to confession and, therefore,
inadmissible under this provision. It is also defined to mean a direct
acknowledgment of guilt
take into consideration such confession as
against such other person as well as against person who makes such
confession".
48. The evidentiary value ... against a co-accused. Thus though
such a confession may not be evidence as strictly defined by Section 3
of the Evidence
well as the High
Courts.
17) The word 'confession' has no where been defined. However, the
courts have resorted to the dictionary meaning ... commission of the crime would amount to
confession and, therefore, inadmissible under this provision. It is
also defined to mean a direct acknowledgment of guilt
follows:-
"The confession of an accused person is not evidence in the ordinary
sense of the term as defined in Section 3 . It cannot ... does not say that the confession is to amount
to proof. Clearly there must be other evidence. The confession is only one
element
from whom a confession is
obtained. The court further held that the term "police officer"
has not been defined in the Code ... capable of exercising influence or authority over a person
from whom the confession is obtained.
4.8 Referring to the preamble