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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -134-were making confessions after a period almost 11months after the incident. Hence, a mere period of 15minutes does not appear to be reasonable time forreflection on the incident of the attack and theirinvolvement in the same. In this regard, we wish tomention the observation made by this Court on thisissue. In the case of State of Rajasthan v. Ajit Singh& Ors. 45 , this Court observed as follows:“12. We have perused the confession of theseven accused and the prefatory proceedingsrelating thereto. We first examine theconfession made by Noordeen. From Ext. P-18,the note recorded by Shri Ranjit Basot as aprelude to the recording of the confession, ittranspires that he had been produced before himat 12.30 p.m. on 21-9-1991 and after thecompletion of the formalities the recording ofthe confession had started at 12.45 p.m.Likewise Ajit Singh alias Guru Lal Singh hadbeen produced before the officer at 10.50 a.m.and the recording of the confession had startedhalf an hour later. We have seen the record ofconfessions of the other accused as well and itshows that 15 to 30 minutes’ time was given tothe accused for reflection before the actual45 (2008) 1 SCC 601

Crl.A.Nos.2295-2296 of 2010 -135-confessions were recorded. We accordingly findthat sufficient cooling-off time had not beengiven to the accused, in the background thatthey had been in police custody over a longperiod of time. It has been held in RanjitSingh case: (SCC pp. 76-77, paras 10-12)“10. According to the deposition of PW 3in cross-examination, the accused were inpolice custody 18-20 days prior torecording of their confessionalstatements. PW 3 has deposed that he gavethe requisite warning to the accused thatthey were not bound to make theconfessional statement and if they make itwill be used as evidence against them, butdespite the warning they were prepared andwilling to make the statement. Afterrecording the introductory statement inthis behalf in question-answer form hestill considered it proper to give themsome time for rethinking and for thispurpose they were allowed to sit in aseparate room for some time and werebrought to him after about half an hourand expressed their desire to makestatement and thereafter the confessionalstatements were recorded.11. Before adverting to the facts said tohave been narrated by the accused asrecorded in the two confessionalstatements, it deserves to be noticed thatin case the recording officer of theconfessional statement on administeringthe statutory warning to the accused formsa belief that the accused should begranted some time to think over the

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