Evidence Act, 1872, Section 24 -- Extra judicial confession - Reliability - Accused allegedly made confession before witness - Evidence showing that there was enmity between said witness and accused because of land dispute - Both accused and witness were inimical towards each other as they belong to two rival political parties - Said witness never disclosed fact of extra..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Accused alleged to have stated that he stated that he had done a wrong act - It was not stated what was the wrong act - Not exactly explained what he had done and in which manner - Not corroborated by independent evidence - Not safe to rely upon the same...........
Evidence Act, 1872, Section 3 -- Evidence of a relation witness - Accused made extra judicial confession before the near relation of the deceased - The relation of the deceased while appearing as the prosecution witness supported the version regarding extra judicial confession - Held, a statement of the near relation cannot be brushed aside being an interested witness -..........
Evidence Act, 1872, Section 25 -- Confession by accused - Admissibility - Accused apprehended and confessed having committed double murder - Confession led to recovery of blood stained shirt - Held, confessional statement is admissible in evidence in so far as it is favourable to him either for consideration of acquittal or for modifying conviction...........
Prevention of Terrorism Act, 2002, Section 32 -- Confession of co-accused recorded u/s 32 of Act - Held, it is not admissible against accused...........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died inside the house in presence of accused - Death was not normal or suicidal but was homicidal - Accused offered no explanation as to how deceased died - Accused also made extra judicial confession to two PW's - Evidence revealed that relation between the deceased and the accused were not cordial - Conviction..........
Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Reliability - Disclosure made by accused led to recovery of dead body - Accused not in police custody when disclosure made - Held, recovery of dead body of the deceased may not be considered as recovery u/s 27 of the act - Prosecution cannot put reliance on such confession or recovery...........
Evidence Act, 1872, Section 30 -- Confession - Not admissible against co-accused where the accused who made the confession was not tried along with the other accused...........
Indian Penal Code, 1860, Section 302, 364, 201 -- Kidnapping and murder - Mere opportunity with accused to kidnap not sufficient to hold that it was accused who had kidnapped - Accused shown to witness before identification parade - Evidence of PW15 not reliable - Possibility of recovered articles sent to Forensic Science Laboratory being kept intact not convincing -..........
Evidence Act, 1872, Section 26 -- Extra judicial confession made while accused was brought to Court for extension of judicial remand - Accused could not probabilise his defence that he was in custody of police officer - Accused could not name the police officer who had brought him to the Court premises for extension of judicial remand - It is not the case of accused that..........
