with the recording of a judicial confession by a
judicial magistrate and see whether the judicial confession
recorded ... provisions of Section
164 relating to the recording of confession. The confession
was not recorded according to the procedure and the record of
the confession
recorded the
confession only on being satisfied that it was voluntarily made. Rule
15(5) requires that every confession recorded under Section 15 shall ... whom the confession
is required to be sent under Rule 15(5) along with the
original statement of confession, written or recorded
on mechanical device
declaration made by the person
making the confession that the said confession recorded on
the mechanical device has been correctly recorded in his
presence shall ... recorded in the mechanical device at
the end of the confession.
(5) Every confession recorded under the said Section 15
shall be sent forthwith
Magistrate before recording confession shall explain to the person making confession that he is not bound to make a confession and if he does ... Magistrates jurisdiction to record the confession and renders the confession unworthy of credence. Before proceeding to record the confessional statement, a searching enquiry must
administer oath to the person whose statement is so recorded.
(6) The Magistrate recording a confession or statement under this section shall forward ... jurisdiction to record the confession and renders the confession unworthy of credence. Before proceeding to the record the confessional statement, a searching enquiry must
Babakhan
was produced before PW 1 DCP, Shri Suroliya. Shri Suroliya
recorded the confession statement of A-9 Musakhan @
Babakhan and the investigating officer finally ... confession statement is generally not treated as the primary
evidence, but this Court in Nalini's case (supra) has held that
the confession recorded
requirement
of the rule is preparation of contemporaneous record
regarding the manner of recording the confession in
the presence of the person making it. Though ... that he had
recorded the confession in his own handwriting
(except in case of A-7 whose confession was recorded
with the help
recorded by I.O. that all this happened, still the investigating officer was not prosecuted for giving false information and recording a false confession knowing ... less any explanation. Petitioners suffered imprisonment because of false and concocted confession recorded by I.O. of a crime never committed.
24. Now, having found
about 5.30a.m, P.W.67 arrested A.5 and
recorded the confession statement under Ex.P.43 attested ... arrested A-7 at Mulakothalam
bus stand and recorded his confession statement Ex.P.38 and
on the basis of the admissible portion
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 ... recording the confession. The Court cannot be oblivious of the realities.
Those confessions were recorded on 28.02.2001 whereas he deposed before the
Court
