Back
CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR
Afshan Ajeem @ Afshan Azeem @ Afsa Azim @ Anjum – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
1. Both these appeals have been preferred under Section 374(2) of the Cr.P.C. against the same judgment of conviction dated 14.09.2015 and order of sentence dated 21.09.2015 passed by the learned Additional District and Sessions Judge-III, Patna, in Sessions Trial No. 1148 of 2005, arising out of the same Chowk P.S. Case No. 69 of 2002and, accordingly, they have been heard together and are being disposed of by the present common judgment and order.
2. By the impugned judgment and order, the appellants have been convicted and sentenced as under:
| Cr. Appeal (D.B.) No. 806 of 2015 | ||||
|
| Convicted under Sections | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| Afshan Ajeem @ Afshan Azeem @ Afsa Azim @ Anjum | 302/34 and 120-B of the Indian Penal Code | Life | 10,000.00 | S.I. for six months |
| Cr. Appeal (D.B.) No. 973 of 2015 | ||||
| Suraj Kumar | 302/34 and 120-B of the Indian Penal Code | Life | 10,000.00 | S.I. for six months |
3. Heard Mr. Bindhyachal Singh, learned Senior Counsel appearing on behalf of the appellant in Cr. Appeal (DB) No. 806 of 2015 and Mr. Rajesh Ranjan,
Compliance with the mandatory requirements for recording a confessional statement under Section 164 of the Cr.P.C. and the need for adequate evidence to establish charges under the Indian Penal Code.
The confessional statement of an accused must be recorded in accordance with law and must be voluntary, true, and trustworthy. A confessional statement cannot be treated as substantive evidence again....
Confessions made voluntarily and without pressure under Section 164 of Cr.P.C. are admissible as evidence.
A conviction based solely on the testimony of a single witness requires that witness to be wholly reliable; procedural lapses in recording confessions can render them inadmissible.
Confessional statement recorded without informing to accused as to why he desires to confess and he would not be remanded to police Lock-up even if, he does not confess guilt, cannot be relied on.
Confessions made in police custody are inadmissible unless recorded in the presence of independent witnesses and linked to the discovery of evidence, highlighting the necessity for proper procedural ....
The use of statements recorded under Section 164 Cr.P.C. as evidence is limited to corroboration or contradiction, and in the absence of substantial evidence, such statements cannot sustain a convict....
The admissibility of confessions and the necessity of establishing a conclusive chain of circumstantial evidence are crucial for conviction in murder cases. Procedural violations render confessions i....
Provisions of Section 164 Cr.P.C must be complied with not only in form, but in essence.
Point of Law : Even sub-clause (4) of Section 164 Cr.P.C. clearly indicates that such confession must be recorded in the manner provided under Section 281 Cr.P.C.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
