Law: Criminal Procedure Code (V of 1898)

Section: 164, 167

Law: Penal Code (XLV of 1860)

Section: 302

  (a) Criminal Procedure Code (V of 1898), S, 167--Remand to police custody-Accused' not to be remanded merely on ground of his presence being necessary to finish investigation or to get from him a confessional statement. It is a well-settled principle of law that accused should not be remanded to police custody merely on the ground that the presence of the accused is necessary to finish the investigation or to get from the accused a confessional statement. (b) Criminal Procedure Code (V of 1898), S. 164-Confes sion-Confessional statement made by accused after remaining in police custody for 18 days and later retracted-Such confession cannot be acted upon without corroboration by trustworthy evidence. (c) Criminal trial Approver-Evidence of Statement of approver not finding satisfactory corroboration from independent evidence--Not safe to convict accused merely on evidence of approver, in circumstances. (d) Criminal trial Evidence-One tainted evidence cannot corroborate other tainted evidence. (e) Criminal Procedure Code (V of 1898), S. 164--Confession-Accused alleged to have made extra judicial confession before and immediately after arrest but no effort made to get such confession recorded before lapse of 18 days-Long delay, held, detracts from value of testimony. (f) Confession Extra-judicial-Accused while in detention as suspect (though not in custody) making confession to B. D. Member; such members acting as stock witness and agent of police-Such oral confession cannot be relied upon. (g) Penal Code (XLV of 1860), S. 302-Recovery of' axe at accused's instance without proof of human blood on it---gold, would not lead to an inference of guilt or corroborate evidence of approver. (h) Penal Code (XLV of 18bU), S. 302-Benefit of doubt-Approver's evidence not satisfactorily corroborated Judicial confession made after long period of detention in police custody and retracted at earliest-No human blood found on crime weapon recovered at Instance of accused-Extra-judicial confession neither satisfactorily proved nor admissible in evidence-Accused given benefit of doubt and acquitted. Date of hearing: 8th March 1972.        …