Extra-Judicial confessions made in the police custody are not admissible for conviction

Gauhati High Court

Gauhati High Court: In a Single Judge Bench comprising of Ajit Singh, C.J., the conviction of the accused under Section 302/304 of the Indian Penal Code was held illegal as the confessions recorded by the accused when in police custody are inadmissible in evidence.

The brief facts of the case were, deceased Bhim Bahadur went to purchase articles from the weekly market and did not return for a very long time, which initiated his search by his daughters. Though his daughters were successful in finding him he did not return with them. The other morning his body was found for which an FIR was registered and further the body was sent for the post-mortem examination.

Appellants who were convicted and sentenced in the case claimed that the extra-judicial confessions which were recorded and the chain of circumstances made were not admissible as the confessions were recorded while they were in the police custody.

Therefore, the Hon’ble High Court, on considering the claim of the appellants stated that there was a glaring link missing amongst them. The fact that the appellants could not explain the death of Bhim Bahadur, drawing an inference through that against the appellants is an illegality committed on the part of the Trial Court. It was also observed by the High Court that the appellants were arrested on the basis of mere suspicion. On concluding its judgment, the Court stated that operation of Section 26 of the Evidence Act, the confessions recorded by the police was not admissible to any extent, further, this court found the appellants not guilty and be acquitted from jail. [Mintu Hasda v. State of Assam; 2018 SCC OnLine Gau 290; dated 06-04-2018]

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