However, the view that all informants cannot approach the Magistrate on their own for recording the statement, which has held primacy for long, seems to be statutorily diluted in cases concerning crime against women. There was no corroborative evidence. It was also held that to bring a statement within the prescription of Article 20 3 of the Constitution, the present accused must have stayed in the character of accused person at the time he made statement to police. During investigation, the Investigating Officer found that it was not the father or brother of the accused, who hurled stone and Pappy expired, but it was the accused, who smashed the infant against a stone in a fit of anger out of his annoyance with his father and brother. I am the complainant and victim is my wife. The courts below have appreciated the entire evidence on record, including the evidence of the defence. Classification of offences under Section 161, 162, 163, 164, 165, 165A, 166, 167, 168, 169, 170 and 171 of Indian Penal Code 1860 Offences by or relating to public servants are defined under Section 161, 162, 163, 164, 165, 165A, 166, 167, 168, 169, 170 and 171 of Indian Penal Code 1860.
Taking gratification, in order, by corrupt or illegal means, to influence public servant. The legal system has laid emphasis on the value provided by each witness, as opposed to the multiplicity or plurality of witnesses. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. Thus, he has not deposed that the said meeting was not held. The version of such witnesses are therefore hearsay in nature. A declaration made without animus confitenti intention to confess is not a confession.
It is therefore clear that there must be prima facie evidence to give rise to reasonable believe that conspiracy existed between the accused persons in the first place before any act done or said by a conspirator would bind the other. Even otherwise, it appears that statement recorded under Section 164 Cr. Punishment for abetment by public servant of offences defined in section 8 or 9. Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force. B which related to thethat subsec. Further, in the case of Patiram v. Common people of India are still apprehensive of police; the working style of the police has been condemned by the Supreme Court in rape cases where they are accused of biases, insensitivity, asking the prosecutrix to give up the case, exerting psychological pressure for effecting an answer, facilitating reconciliation between the attacker and the victim and in certain going to the extent of protecting the perpetrators.
Then it is very difficult to ascertain as to whether the witness is speaking truth or false. Verma was set up to make recommendations to curb the menace. Similar principles have been reiterated in Iqbal Abdul Samiya Malek v. From his mere failure to keep up promise consequently such a culpable intention cannot be presume right at the beginning, that is when he made the promise. The paper makes a core claim with regard to the power of the Magistrate to record the statement of the prosecutrix.
The appellant had exclusive knowledge as regards the place of concealment, and the evidence on record makes it clear that when he was in fact, taken to such place, the appellant himself got into the water and retrieved the chopper from there. Upholding such a procedure would amount to negation of the valuable right of appeal of an accused, which cannot be permitted under law. Simple imprisonment for 1 year or fine, or both. During the investigation, the Police Officer may sometimes feel that it is expedient to record the statement of a witness under Section 164 Cr. Where the accused was in judicial custody for more than 2 days prior to the giving of confession it was held that the period is sufficient to shed fear and influence of the police, if any and therefore the confession could be made voluntary by the accused. Notwithstanding the preceding sentence, any not described in the first sentence of this subsection which isby thein connection with anorofshall be treated as part of the cost of the acquiredor, in the case of a as a reduction in the amount realized on the Any referred to in subparagraph A imposed with respect to a transfer occurring during the of the distributee or, in the case of a taxable termination, the which is paid not later than the time prescribed by law including extensions for filing thewith respect to such transfer shall be treated as having been paid on the last day of the in which the transfer was made. Evidence given in a court under oath has great sanctity, which is why the same is called substantive evidence.
He admitted his statement before the Magistrate which was exhibited as Exbt. The paper makes a core claim with regard to the power of the Magistrate to record the statement of the prosecutrix. In fact, on account of her traumatic and tragic experience, the faces of the appellants must have got imprinted in her memory, and there was no chance of her making a mistake about their identity. The prosecution case with regard to the role and participation of the appellant in the alleged crime, I am of the opinion that the prosecution case has not been proved at all on the basis of legally admissible evidence. On the other hand, if she does retract, she will be liable to prosecution for making a false statement under oath perjury. The confession must be shown to be voluntary before it can be acted upon. Some minor issues with respect to the above, were raised before the Sessions Court, as well as before the High Court, and the same have rightly been explained by the courts below.
This may not bring his case within the term of 'retraction of confession', however, even if it is treated so, a retracted confession may form the legal basis of a conviction if the Court is satisfied that it was proved and was voluntarily made. As it is one of the primary reasons for the delay of the trial in rape cases. The amended Section 165 5A of the Cr. In such an event the Judge may call in aid the confession and use it to lend assurance to the other evidence and thus fortify himself in believing what without the aid of the confession he would not be prepared to accept. But After the horrendous incident of gang rape which occurred on 16th December 2012, a committee headed by Justice J. In the case of Malkhan Singh vs. The chain of circumstances is not complete.
In the case of Ram Khelawan Singh vs. Why is the magistrate made duty bound? This section was omitted in 1988. In the event that the defence version is accepted, and it is believed that Praveen deceased had in fact, misbehaved with the wife of the appellant, the same could actually lead to the inference that the appellant may have had an even stronger motive to eliminate Praveen deceased. Vinu A-2 , stopped the bike and took Praveen towards Kottayam. Confession is made by accused and not by complainant. Amendment by section 221 a 12 D , 26 , 95 B ii of effective Dec.
It surely cut short and curtails the protracted trial of rape cases and reduces the duration of the trail and thus offers a speedy remedy by way of a fast track procedure and makes the procedure less stressful for the prosecutrix. Confession is the admission of guilt, stating or suggesting an inference as to guilt by an accused made in custody. Section 161 and section 164 of the Indian Penal Code relating to offences by or relating to Public servants and specifically of 'Public servant taking gratification other than legal remuneration in respect of an official act'- section 161 and 'Punishment for abetment by public servant of offences defined in sections 162 and 163 as in section 164 have been repealed by the Protection of Corruption Act,1988. Every conspirator is an agent of his associate in carrying out the object of the conspiracy. Who is a Prudent Man? The appellant also examined Ajeesh M. The element of cheating must be present in every offence under Section 420 of I.
The extra-judicial confession allegedly made before the Magistrate in presence of witnesses was observed to be not voluntary. Report of the Committee on Amendments to the Criminal Law. The trial however, could be conducted only against two persons, i. However, such evidence is required to be considered with care and caution. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. The argument seems to be rather attractive at the outset, but has no substance, for the reason that the law does not prohibit taking into consideration even the evidence provided by an accomplice, who has not been put to trial. Facts and circumstances giving rise to this appeal are: A.