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CHAKRADHARI SHARAN SINGH, G. ANUPAMA CHAKRAVARTHY
Raju Kumar Yadav S/o Dhaneshwar Yadav @ Dhanesar Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
1. These appeals have been preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, putting to challenge the impugned judgment of conviction dated 17.04.2018 and the order of sentence dated 24.04.2018, passed by learned 1st Additional District & Sessions Judge-cum-Special Judge (POCSO Act), Gaya, arising out of Buniyadganj P.S. Case No. 54 of 2014, POCSO Case No. 12 of 2015, whereby the appellants have been convicted and sentenced as under:
| Cr. Appeal (DB) No. 702 of 2018 | ||||
| Appellant | Penal Provision | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| Raju Kumar Yadav | Under Section 302/34 of the IPC | R.I. for life | 25,000/- | R.I. for two years |
| Under Section 201/34 | R.I. for seven years | 10,000/- | R.I. for one year
| |
| Under Section 6 of the POCSO Act | R.I. for life | 25,000/- | R.I. for two years | |
| Cr. Appeal (DB) No. 719 of 2018 | ||||
| Dharmendra Kumar | Under Section 302/34 of the IPC | R.I. for life | 25,000/- | R.I. for two years |
| Under Section 201/34 | R.I. for seven years | 10,000/- | R.I. for one year | |
| Under Section 6 of the POCSO Act | R.I. for life | 25,000/- | R.I. f | |
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 ....
Confessions made voluntarily and without pressure under Section 164 of Cr.P.C. are admissible as evidence.
The admissibility of a confession under Section 27 of the Evidence Act and the mandatory provision of inflicting a fine under Section 302 of the Indian Penal Code.
Provisions of Section 164 Cr.P.C must be complied with not only in form, but in essence.
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.
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