Singh to the Judicial Magistrate, there are many striking
features casting great doubt on the genuineness of the extra judicial
confession which was retracted ... making of the confession and
it is sufficient to stamp the confession as involuntary and hence
unreliable. A judicial confession not given voluntarily is unreliable
Nair and PW 9 Jagdish Singh before whom another extra judicial confession was made by the respondent, PW 12 V.M. Phillips who accompanied Nair ... evaluating the evidence held that the case depends upon two extra-judicial confessions and certain circumstances proved by the prosecution. In Paragraph
Confessions may be divided into two classes, i.e. judicial and
extra-judicial. Judicial confessions are those which are made before
Magistrate or Court ... course of judicial proceedings. Extra-
judicial confessions are those which are made by the party elsewhere
than before a Magistrate or Court. Extra judicial confessions
evidence
satisfactory and found sufficient corroboration on material
aspects, believed extra-judicial confession of accused being
voluntary not obtained by force, coercion etc., but accepted ... with gravity of offence.
Indian Evidence Act, 1872 :
S. 24-Extra-judicial confession-Corroboration-Whether
necessary.
S. 45-Expert opinion-Medical witness-Evidence of-
Whether
Singh (PW6) and Joginder Singh (PW7) making before them the
extra judicial confession and requesting them to help him.
Jarnail Singh (PW2) and Billor Singh ... when the confession is made and the credibility of the
witnesses who speak for such a confession. The retraction
of extra-judicial confession which
Biswanath,
whereupon Aloke Nath allegedly broke down and made an extra judicial
confession before them, as also Nandlal Singh and some tenants, that ... time when the
confession was made and the credibility of the witnesses
who speak to such a confession. Such a confession can be
relied upon
High Court placed a very heavy reliance upon
extra-judicial confession allegedly made by the appellant before Nurul
Islam (PW.11) and Ali Hossain ... Islam (PW.11). He did not support the version of
extra-judicial confession put forward by Nurul Islam (PW.11). There
are contradictory statements regarding
proceeded for
further investigation. The appellant then made an extra-
judicial confession to PW-10 of having committed the crime
with the help ... face a make believe story. [113F-H]
3.2.1 An unambiguous extra-judicial confession possesses
high probative value force as it emanates from the person
know about the murders from the neighbours and
from an extra-judicial confession made by the appellant to
her that he had murdered the girls ... Kaur, PW-4 and of
Mohinder Singh, PW-5 ; (ii) Extra-judicial confession made
by the appellant to PW-3 Satya Walia. (iii) the recovery
confession except in the manner laid
down in Section 164 . The power to record the confession had
obviously been given so that the confession might ... categorised to
be either judicial or extra-judicial. The prosecution is
obliged to refer and rely on the alleged confession of the
accused
