Trial Court is erroneous. A
confession is a more serious term. Confession is not defined in Evidence
Act . "Confessions" which is a terminology ... been given to a Magistrate (as
defined in Criminal Procedure Code ). But, I do not find any such confession
made
against a co-accused. Thus,
though such a confession may not be evidence
as strictly defined by Section 3 of the Evidence ... confession into account. It is not obligatory on
the court to take the confession into account.
This Court reiterated that a confession cannot
be treated
State Of Sikkim vs Suren Rai on 10 March, 2018
Author: Bhaskar Raj Pradhan
Bench
under section 67 of the NDPS
Act to be used as a confession against the
person making it and excludes it from the
operation ... over a
person from whom a confession is obtained. The
term "police officer" has not been defined under
the Code
police officer,
so much of such information
whether it amounts to a confession or not,
as relates distinctly to the fact discovered,
may be proved ... shape of an extra judicial confession. The word "Confession" has nowhere been defined in the Criminal Procedure Code separately but is connected with
statements contained
in the confessions of the co-accused persons stand on a different
footing. In cases where such confessions are relied upon ... making such
confession could be convicted on that confession of the crime
with which he and his co-accused were charged. The confession
cannot take
imputation of guilt and an acceptance thereof a confession
of it. A pardon has been defined as an act of grace which
exempts the individual
confession. There is no doubt that a confession
made voluntarily by an accused person can be used against the maker of the
confession, though ... confession cannot be said to fall even under this part. Even so,
Section 30 provides that a confession may not be evidence as strictly defined
2018 JUDGMENT
"17. The word "confession" has no where
been defined. However, the courts have
resorted to the dictionary meaning and
explained ... 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
criminal case. "Confessions" are thus "admissions" but all
admissions are not confessions. A confession can be acted
upon if the Court ... relevant factor to ensure that the confession is
truthful and voluntary. Although the word confession has not
been defined in the Evidence
