The statement of witness has to be recorded like a statement recorded from a witness in the court. She had owned only her signature Ex. It can be used only to corroborate the statements of the witness or to contradict them. Bail is granted as a matter of right. Such information is to be recorded in a book to be kept by such officer-in-charge of the police station in the form prescribed by the State Government which is called the Station Diary or General Diary in such a form and manner as is provided in Section 154 of the Code of Criminal Procedure.
In that case, the motive for the occurrence as highlighted in the confession was supported by P. This Court has already ruled that when a Magistrate, discharging his official functions as such, records the statement of any witness under Cr. She can still change her statement during the trial. Geetha of Thayarammal clinic had stated that on 1. The Indian court relied on this definition for a long period of time which was later on modified by the Privy Council holding that only direct acknowledgment of guilt can be regarded as a confession. Confessional statement in a plain paper without the narration of questions and answers would not, by itself, make it inadmissible in evidence. Also, a confession which has been duly recorded and suffers from no legal infirmity can be used as a substantive piece of evidence against its maker though as a matter of prudence it must be corroborated by some other evidence.
If it is not a confession but contains admissions made by the accused, the F. The High Court granted him bail under Section 437 of Cr. With the consent of her parents, on 2. As regards usage of statement of an accused recorded when he was examined under Cr. On that day, I was also in the hospital.
In this regard, we may refer to some recent judgments of this Court. Any statement other than a confession made under sub- section 1 shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded. The order of conviction are set aside and the accused are ordered to be acquitted. Thus, we are very serious of proving them. What is the procedure to be followed while recording statements? However, the trial court referring to the statement of P.
The confessional statement of the accused dated 21-4-1993 Exhibit 6 does not indicate that the confession-recording Magistrate complied with the mandatory provision of sub-section 3 of section 164 of the Code. It may be made to the court itself, when it will be known as judicial confession or to anybody outside the court, in which case it is called an extra-judicial confession. So also the evidence of witness, which is against the prosecution version of the case, disowned statement of a witness recorded under Cr. He did not examine any witness nor produce any document. This is what the idea behind examination of the accused under Cr.
They keep themselves away from the Court unless it is inevitable. C, is based upon the consideration that 1. Section 164—Statements recorded under section 164 of the Code cannot be treated as substantive evidence of the facts stated therein. In the course of his investigation, on 6. One cannot ignore this handicap with which the investigating agency has to discharge its duties. The confession without memorandum that it is voluntary is bad in law and cannot be admitted in evidence. It cannot be used to record a finding of guilty.
Upon the completion of 1 st 15 days, there can only be judicial custody. The conviction is set aside. P c are not applicable in certain district of the state of Nagaland but the authorities would be governed by the substance of these rules. The Magistrate shall then make the memorandum at the foot of such confession. Kathi Kalu Oghad The facts call in aid of the provisions of clause 3 of article 20 of Constitution. Omissions are bound to be there but only those omissions in the police statement of a prosecution witness can be used for the purpose of contradiction as can be deemed by necessary implication to be included in the express recorded statement, No other omission can be permitted to be used as a contradiction, however important it might be. The seized articles were analyzed by the office of Chemical Analyser.
In the absence of it, if such a comment is made while appreciating the evidence of a witness, it is nothing but an exercise in air. As a matter of fact, such statement cannot be treated as a substantive piece of evidence. Geetha, found a foetus of 24 weeks in her womb. It can be used for the purpose of corroboration. Undue or unreasonably delay in lodging the F. The omission to record questions and answers cannot be considered as fatal defects when confession was made duly, though not recorded duly, for want of prescribed form. The complainant wants to question the bail.
Section 164—A retracted confession cannot be used to base a conviction for murder unless corroborated by credible independent evidence. Section 164—The conviction on confession alone can be maintained if it is found inculpatory in nature, true and voluntary. . It is giving him a chance to explain away, present his view point thereon, so that it could be considered by the trial court along with in-culpatory information in the prosecution evidence and arrive at a correct finding. It is settled law that the evidence of hostile witnesses can also be relied upon by the prosecution to the extent to which it supports the prosecution version of the incident. Then there is the danger of the trial court using them as substantive evidence, as it was done in the case before us. Such recorded information is usually known as the first information report or simply as F.