M.C.DESAI, B.MUKERJI, A.P.SRIVASTAVA
DEOMAN UPADHYAYA – Appellant
Versus
STATE – Respondent
( 1 ) I respectfully dissent from the view taken by my learned brothers that Section 27, Evidence act, and Section 162 (2), Cr. P. C. are void on account of denying equality before the law guaranteed by the Article 14 of the Constitution.
( 2 ) ADMISSION is defined in Section 17 of the Evidence Act to mean a statement suggesting any inference as to any act in issue of relevant fact made by a party to a proceeding, such as an accused. Admissions are relevant and may be proved as against the person making them, vide section 21. A confession is a specie of an admission of an accused; it is an acknowledgment in express words of the truth of the guilty fact charged; Wigmore on Evidence, Volume III, third edition, paragraph 821. In other words it is admission of all the facts in issue and Consists expressly or impliedly of as many admissions as there are facts in issue. In Pakala Naravana swami v. King Emperor. 66 Ind App 66: (AIR 1939 PC 47) Lord Atkin observed at page 81 (of ind App): fat p. 52 of AIR)
"a confession must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of a gravely incriminating fact, even
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