JUDGMENT

Sharma J:

The first and the second accused made statements under s. 126(1) of the Straits Settlements Criminal Procedure Code on 18 July 1969 and 19 July 1969 respectively to the Magistrate. These statements are in the nature of confessions and at this trial their admissibility has been challenged.

The first accused was at that time 18 years of age and the second accused 19. The first accused was, according to him, arrested on 28 May 1969 and kept in detention up to the 16 June 1969. There is, however, some conflict over the exact date of his arrest so far as the prosecution evidence is concerned. PW 9 in one of his earlier statements said that the first accused was arrested on the 24 May 1969 and released on the 25 May 1969, but when the issue of the admissibility of these confessions was tried, he gave the date of the arrest as the 23 May 1969 and the date of his release as the 24 May 1969 and he stuck on to these dates. However, when he was recalled by the defence yesterday, he admitted that the date given by him earlier, i.e. 23 May 1969, was a mistake and that the actual date of the arrest of the first accused was the 28 May 1969. I for one am unable to understand wh