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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -224-the appeals and reference order, is liable to be setaside.113. We cannot lose sight of the fact that theconfessional statements of the accused persons wererecorded by the DCP, PW-78 in extremely suspiciouscircumstances. We have already held that the procedureof presenting them before the CJM and subsequentlysending them to judicial custody mandatorily had beenreduced to a mere, empty formality. This above saidprocedural lapse coupled with the fact that theletters of caution to be given to them, before themaking of such statements, mandated under Section32(2) of POTA, and the process of recording theirconfessional statements were done in an extremelycasual manner which is not the conduct expected fromsuch high ranking police officers of the stategovernment. Since we have already recorded ourfindings and reasons in this regard, while answering

Crl.A.Nos.2295-2296 of 2010 -225-the point no.2 on confessional statements, wetherefore do not intend to reiterate the same here.114. Even if the confessional statements of theaccused persons are made admissible, that alone couldnot have been made the only ground for convictingthem, as it would amount to a violation of the legalprinciple laid down in the five judge bench decisionof this court in the case of Hari Charan Kurmi andJogia Hajam v. State of Bihar 56, wherein this Courtheld as under:“12. As we have already indicated, thisquestion has been considered on severaloccasions by judicial decisions and it has beenconsistently held that a confession cannot betreated as evidence which is substantiveevidence against a co-accused person. Indealing with a criminal case where theprosecution relies upon the confession of oneaccused person against another accused person,the proper approach to adopt is to consider theother evidence against such an accused person,and if the said evidence appears to besatisfactory and the court is inclined to holdthat the said evidence may sustain the charge56AIR 1964 SC 1184

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