Law: Criminal Procedure Code (V of 1898)

Section: 164, 154, 235

Law: Evidence Act (I of 1872)

Section: 30, 9

Law: Penal Code (XLV of 1860)

Section: 302, 149

(a) Criminal Procedure Code (V of 1898) S. 164 read with Evidence Act (1 of 1872), S. 24-Confessions, retracted--Allegation that confessions were obtained under: torture not supported by any material on record-Magistrate recording confession stating no such complaint having been made to him-Persons of confessing accused bearing no marks of violence-Confessional statements on whole bearing out prosecution case and receiving corroboration, from evidence of witnesses in respect of salient facts of occurrence Statements, held, not only voluntary but also true and could be used against confessing accused notwithstanding their being retracted According to law, the confession even if retracted can be used as against the person making the confession if the Court is satisfied that the confession was true and- voluntary. In the instant case the allegation that the confessing accused were tortured and oppressed by the police and that inducement was given to them to make confession is without any force ass there is no material on record in support of this allegation. The Magistrate who recorded the statement deposed that no complaint of oppression, torture or inducement was made to him. There is no medical evidence also to show any marks of violence on them. The confessional statements on the whole bear out the prosecution case. This shows that the facts stated by them in their confessional statements are not beside the prosecution case. In this view, it may be held that the statements are true. The Magistrate who recorded the statements was satisfied that the confessional statements were volmitary. There is nothing to show that confessional statements were not voluntary. Moreover the confessional statements received corroboration from the evidence of witness to the occurrence in respect of salient facts of the occurrence: The confessional statements were not only voluntary but are also true. . Hence even though retracted they may be utilised as against the confessing accused. (b) Evidence Act (I of 1872) S. 30-Retracted confession--Cannot be used against co-accused-Reference may however be made to it to strengthen other evidence proving complicity of co-accused. Retracted…