Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - At the most can be used as corroborative piece of evidence and it cannot become substantive evidence...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 164, 354 -- Murder case based on circumstantial evidence - Accused lured young girls to his house, strangulate them, commit sex with body, cut off their body into parts and eat them after cooking - Skeletons and body parts recovered on the basis of disclosure statement - Accused made confessional..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Magistrate repeatedly told accused that he was not bound to make the statement and it can be read against him - Held, provision of S.164 Cr.P.C. is fully complied with while recording statement...........
Criminal Procedure Code, 1973, Section 164 -- Confession - Retraction - Plea that in view of retraction he cannot be held guilty - Misconceived - As retraction of confessional statement was made at belated stage when trial was about to complete, said retraction no longer effective...........
Criminal Procedure Code, 1973, Section 164 -- Confession - Principles governing - (i) The provisions of Section 164 Cr.P.C. must be complied with not only in form, but in essence; (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody from which he was produced and the treatment he had been receiving..........
Criminal Procedure Code, 1973, Section 164 -- Confession - S.164 Cr.P.C. requires strict and faithful compliance of sub-sections 2 to 4 - Failure to observe safeguards not only impairs evidentiary value of confession but cast a doubt on nature and voluntariness of confession on which no reliance can be placed...........
Criminal Procedure Code, 1973, Section 164 -- When a witness appears before Magistrate directly, Magistrate is duty bound to take his statement...........
Criminal Procedure Code, 1973, Section 164 -- Confession - Statement that does not prescribe to the procedure laid down in Section 164 of the Cr.P.C. is not admissible as a confessional statement - In the instant case statement not recorded by a Judicial Magistrate and procedural requirements not fulfilled including that of a certificate appended by Magistrate - Held, such..........
Evidence Act, 1872, Section 21, Criminal Procedure Code, 1973, Section 164 -- Extra judicial confession - Concept of extra judicial confession is primary a judicial creation, and must be used with restraint - Such a confession must be used only in limited circumstances, and should also be corroborated by way of abundant caution...........
Criminal Procedure Code, 1973, Section 164 -- Confession - Made by accused regarding abduction of victim - I.O. did not request Magistrate to record confessional statement - Investigation conducted by Investigating Officer could be regarded as perfunctionary in nature...........
