VIRENDER SINGH
Dharmendra : Vijay And Others : Deepak – Appellant
Versus
State Of M. P. – Respondent
JUDGMENT
1. A common question of law, as to whether information given by an accused in his disclosure statement before the police recorded under Section 27 of the Indian Evidence Act, 1872 (hereinafter referred to as 'Act of 1872') which does not lead to discovery of any fact in pursuant thereto, is admissible in law more particularly against any co-accused or as to whether confessional statement of an accused recorded under Section 27 of the Evidence Act, 1872 can be used against him or against co-accused or a person can be convicted only on the basis of such statement, is involve in all these petitions, therefore, they are heard analogously and are being decided by this common order.
2. All the petitioners have invoked extraordinary powers of this Court conferred under Section 482 of the Cr.P.C. asserting that they are being prosecuted only on the basis of totally inadmissible evidence i.e. the confessional/disclosure statement made by the co-accused to the police under Section 27 of the Evidence Act, which is blatant infringement of their fundamental right and cannot be allowed to continue, therefore, their prosecution be quashed.
3. Irrespective of the fact that the cases of the
Anter Singh vs. State of Rajasthan
Asar Mohammad and Ors. vs. State of U.P.
Haricharan Kurmi and Jogia Hajam
Mustkeem vs. State of Rajasthan
Pappu vs. State of Madhya Pradesh
Raghu Thakur vs. State of M.P.
Rajveer Singh vs. State of M.P.
State of Maharashtra vs. Kamal Ahmed Mohammed Vakil Ansari
Valiyaveetil Ashraf vs. State, S.H.O. Kottakkal Police Station
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.