Indian Penal Code, 1860, Section 302 -- Murder - No eye witness to the occurrence - Prosecution allegations that accused allegedly killed his wife - Deceased was missing from the house of accused and three days thereafter, dead body was found floating in a river and was identified - Thus last seen theory not available to prosecution - Extra judicial confession allegedly..........
Evidence Act, 1872, Section 10, Prevention of Terrorism Act, 2002, Section 32 -- Confession of accused under POTA Act - Confession cannot be used as a piece of evidence against other co-accused...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Framing of charge-sheet against accused - Statements of prosecution witnesses are not against applicant - Confession of co-accused is not substantive evidence - While perusing confessional statements of co-accused Court was not required to consider pros and cons of evidence and to record final verdict - Only prima facie..........
Evidence Act, 1872, Section 30 -- Confession by co-accused - Not free from doubts - Not proper to convict other accused on the basis of confession by co-accused...........
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...........
Evidence Act, 1872, Section 21 -- Extra judicial confession - It is a weak piece of evidence - Though it can be made the basis of conviction, due care and caution must be exercised by the Courts to ascertain the truthfulness of the confession - Rules of caution must be applied before accepting an extra-judicial confession - Before the Court proceeds to act on the basis of..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Conviction can be made on the basis of an extra judicial confession, if (a) It is voluntary; and (ii) It is made to person who has no reason to depose falsely against the accused; and (iii) It is corroborated by the other circumstance...........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Injuries conform to the extra judicial confession - However, in the circumstances of the instant case, it cannot be said that the injuries corroborate the extra judicial confession...........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Evidentiary value - Depends upon the trustworthiness of the witness before whom made - Law does not contemplate that the evidence of an extra-judicial confession should in all cases be corroborated - It is not an inflexible rule that in no case conviction can be based solely on extra-judicial confession...........
