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2018 Supreme(Kar) 694

JOHN MICHAEL CUNHA
Mehidi Masroor Biswas S/o Biswas Mekail – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Petitioners: Sri:S Balakrishnan, Advocate.
For the Respondents: S.Rachiah, H.C.G.P.

ORDER :

1. Whether the confessional statement of an accused is receivable in evidence is the question that falls for determination in this petition.

2. The outline facts leading to the above question are that on 13.12.2014, CW-1/PW.2 the Assistant Commissioner of Police, lodged a first information in Gangammanagudi Police Station, Bengaluru alleging that on the information received by him, he and his team of officials Sri. Balraj & Sri. Prakash-Police Inspectors, after satisfying themselves regarding the identity of @shami-witness being the same person as the one who was residing at No.14, Sujatha Building, ‘A’ Block, 2nd Main, S.M. Road, Jalahalli West, Bengaluru West, Bengaluru, conducted a raid and subjected Mr. Biswas to enquires. During enquiries, Mr. Biswas confessed to the fact that he was the one who was responsible for creating and operation of the twitter handle @shami-witness.

3. Based on his complaint a FIR in Crime No.218/2014 came to be registered for the offences punishable under section 125 of Indian Penal Code (for short “IPC"), sections 3, 13, 18 and 39 of Unlawful Activities (Prevention) Act, 1967 (for short “UAPA Act”) and section 66F of Information Technology Act,
































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