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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -132-required to explain in writing to the accused that heis not bound to make confessional statement and oncesuch statement is made, the same can be used againsthim. Further, it is imperative that the accused isassured that if he does not make the confessionalstatement, it will not jeopardize his well-being whilein police custody and also to ensure that suchstatements are made before a competent police officerin a threat-free environment. The deposition of thepolice officer PW-78 who had recorded the confessionalstatements of the accused persons however, reflectsotherwise. He admitted to the fact that he did notassure the accused persons that not making theconfessional statement will not put them in adverseposition.85. Further, there is nothing available on record toshow that reasonable reflection time was given to theaccused persons before making the confessionalstatements, though the prosecution claimed to have

Crl.A.Nos.2295-2296 of 2010 -133-given them 15 minutes as reflection period. We willexamine this aspect of the matter herein.It is pertinent to mention here that the twoexhibits referred to supra, namely, the letter ofintimation and the statements of confession, in thecase of each of the accused persons, are of the sameday. It has been contended by the learned seniorcounsel of the accused persons that not enough timewas given to them to reflect on the incident beforemaking confessional statements. They were given atoken amount of time i.e., 15 minutes to think andreflect and thereafter the recording of confessionalstatements began, which fact is on record as per thestatement of PW-78, who recorded their confessionalstatements. While it has been laid down by this Courtthat the amount of time to be given for reflectionbefore confession depends on the facts andcircumstances of the case, it is imperative to bear inmind that in the present case, the accused persons

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