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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -40-the confessional statement had been ill treated by thepolice or had been oppressed or lured to do so.28. Therefore, the High Court has concluded atparagraph 131 of the impugned judgment that theprosecution had proved that the confessionalstatements of all the six accused persons wereproperly recorded and procedural requirements underthe statute were complied with.The Division Bench of the High Court further recordedthe concurrent finding at para 132 of the impugnedjudgment that if the statutory safeguards are properlyfollowed by the police officer and the CJM, and otherfacts and evidence on record indicate free will of theaccused persons in making the confessional statement,such statement is admissible in evidence and can berelied upon as a truthful account of facts of thecrime.

Crl.A.Nos.2295-2296 of 2010 -41-29. The High Court further examined the evidence ofSuresh Kumar Padhya CJM (PW-99 : Ex.568) who hadrecorded the statement of A-1 and A-3 on the requestof PW-78, DCP on 18.09.2003, i.e a day after theirconfessional statements were recorded. A-2 and A-4made their confessional statements before PW-78 on24.09.2003 and were sent to PW-99 on 25.09.2003. A-6made his confessional statement on 05.10.2003 and wassent to PW-99 on 06.10.2003. PW-99 had stated beforethe Special Court (POTA) that accused persons hadstated before him that they were not ill treated bythe police. Their statements were read over to them.With regard to cross examination of PW-99, he admittedthat he had not inquired from the accused persons asto how long they were in the police custody nor did hesend them to judicial custody after recording theirstatements. He deposed that he did not think itnecessary to send the accused persons to the judicialcustody. He has also admitted that he had not recorded

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