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2011 Supreme(SC) 134

MARKANDEY KATJU, GYAN SUDHA MISRA
Arup Bhuyan – Appellant
Versus
State of Assam – Respondent


ORDER

Heard learned counsel for the parties.

2. This Appeal has been filed against the impugned judgment of the Designated Court, Assam at Guwahati dated 28.03.2007 passed in TADA Sessions Case No. 13 of 1991.

3. The facts have already been set out in the impugned judgment and hence we are not repeating the same here except wherever necessary.

4. The appellant is alleged to be a member of ULFA and the only material produced by the prosecution against the appellant is his alleged confessional statement made before the Superintendent of Police in which he is said to have identified the house of the deceased.

5. Confession to a police officer is inadmissible vide Section 25 of the Evidence Act, but it is admissible in TADA cases vide Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987.

6. Confession is a very weak kind of evidence. As is well known, the wide spread and rampant practice in the police in India is to use third degree methods for extracting confessions from the alleged accused. Hence, the courts have to be cautious in accepting confessions made to the police by the alleged accused.

7. Unfortunately, the police in our country are not trained in sci












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