Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Reliability of Retracted Confession - The Supreme Court has held that a retracted confession can still be relied upon if it is found to be true and corroborated by other evidence. The absence of corroboration requires caution, but retraction alone does not automatically negate its evidentiary value. ["Nipen Baruah @ Nripen Baruah, S/o Late Someswar Baruah VS State of Assam, Represented by the Public Prosecutor - Gauhati"], ["Bijoy Orang VS State Of Assam - Gauhati"], ["Padma Sonowal, S/o. late Longkeswar Sonowal VS State of Arunachal Pradesh, to be represented by Public Prosecutor - Gauhati"]
Confession Under Section 164 Cr.P.C. - Statements recorded under Section 164 Cr.P.C. are admissible as evidence and can form the basis for conviction, even if retracted later. The voluntariness of such confessions is crucial, and courts have upheld their evidentiary value if made voluntarily. ["Bijoy Orang VS State Of Assam - Gauhati"], ["Padma Sonowal, S/o. late Longkeswar Sonowal VS State of Arunachal Pradesh, to be represented by Public Prosecutor - Gauhati"]
Child Marriage and Sexual Assault Cases - In cases involving child victims, even a marriage recognized informally (e.g., by applying sindoor) may be considered invalid legally but can still influence the understanding of the relationship. The victim's age and consent are critical; under the POCSO Act, a child's consent is irrelevant, and sexual acts are considered non-consensual regardless of the child's statements. ["N. Balamurugan VS State, rep. by The Inspector of Police, Virudhunagar - Madras"], ["State (NCT of Delhi) VS Vipin Sharma - Delhi"]
Confession and Retractability in Child Marriage and Sexual Offense Contexts - Courts have noted that confessions, including those under Section 164 Cr.P.C., can be retracted, but if they are voluntary and corroborated, they remain valid for conviction. The retraction does not automatically nullify the confession's evidentiary weight, especially in sensitive cases involving minors. ["State of Mizoram, Represented by the Secretary to the Govt. of Mizoram Home Department vs Lalsangliana Chhangte, S/o. Thangchhunga (L) - Gauhati"], ["N. Balamurugan VS State, Rep. by the Inspector of Police - Crimes"]
Analysis and Conclusion:The provided sources indicate that under Indian law, particularly Section 164 Cr.P.C., confessions made by accused persons can be used as evidence even if retracted later, provided they were voluntary and credible. However, in cases involving child victims or allegations of child marriage, the law emphasizes the importance of corroborative evidence, given the vulnerability of minors and the invalidity of informal marriages. The courts tend to uphold confessional statements if they are voluntary, but they also require corroboration, especially in sensitive cases like sexual assault and child marriage under the Prohibition of Child Marriage Act. Therefore, while retraction of a confession does not automatically nullify its evidentiary value, its weight depends on voluntariness, corroboration, and the context of the case.
In sensitive cases involving the , statements recorded under play a crucial role. But what happens when a child victim retracts their statement during trial? The question 164 Cr P C Confession of Pocso Victim can be Retracted during Trial arises frequently in legal discussions. This blog post delves into the legal principles, judicial interpretations, and practical implications, drawing from established precedents.
Disclaimer: This article provides general information based on legal principles and case law. It is not a substitute for professional legal advice. Consult a qualified lawyer for specific cases.
Section 164 CrPC empowers to record statements or confessions during police investigations. For victims, especially children under POCSO, these statements serve as vital evidence. The provision includes safeguards: the Magistrate must explain that the person is not bound to make a statement, and it may be used against them. is paramount.
Section 164 Cr.P.C. authorizes a Magistrate to record confessions or statements made by an accused or a victim during investigation, with safeguards to ensure .
These statements are admissible if properly recorded but are typically used for corroboration, not as standalone . allows reliance on them to corroborate court testimonies.
Yes, a POCSO victim's statement under Section 164 CrPC can generally be retracted during trial. Retraction does not automatically invalidate the statement. Courts scrutinize the circumstances of the original recording, reasons for retraction, and overall credibility.
Key principles include:- Check: Courts assess if the initial statement was free from coercion, especially given child victims' vulnerability.- Reasons for Retraction: Was it due to afterthought, legal advice, family pressure, or genuine involuntariness? Delayed retractions without credible reasons are viewed skeptically. - Corroboration Required: A retracted statement needs supporting evidence for conviction.
, however, stands on a slightly different footing. As the once stated, in India it is the rule to find a confession and to find it retracted later. A court may take into account the , but it must look for the reasons for the making of the confession as well as for its retraction...
Retractions are common and recognized as a legal right, not implying initial coercion.
POCSO cases involve heightened sensitivity due to minors' involvement. Statements from child victims or those in child marriage scenarios follow the same framework. Courts emphasize and , irrespective of age.
In one case, a victim's Section 164 statement was the primary evidence, but conviction was set aside as it was not alone, especially when the victim turned hostile. Statement of victim under Section 164 of CrPC is only piece of evidence... would not be and on strength of said statement, no conviction can be based.
For child marriage victims, principles remain consistent: retraction is permissible, but courts evaluate credibility. Medical evidence, consistent testimonies, and circumstances are weighed.
Indian courts have addressed retractions extensively:
Victim Hostility and Corroboration: In a POCSO matter, the victim's pregnancy was confirmed, but her Section 164 statement alone couldn't sustain conviction without corroboration, especially post-retraction or hostility.
Accused Confessions (Analogous Principles): Though focused on victims, accused retraction cases illustrate scrutiny. In a step-daughter rape case under POCSO , the accused retracted his Section 164 confession, but courts upheld conviction based on victim's consistency and evidence. Two principal grounds... that he retracted the alleged confession at the trial, but the trial court proceeded to convict him on the basis of the confession alone. DONBOKLANG RYNTATHIANG Vs STATE OF MEGHALAYA AND ORS.Donboklang Ryntathiang VS State of Meghalaya - 2022 Supreme(Megh) 277
Procedural Lapses: Non-compliance with Section 164 safeguards, like insufficient reflection time, renders statements unreliable, especially if retracted. Non-compliance with Section 164 Cr.P.C. goes to the root of the Magistrate's jurisdiction... A judicial confession not given voluntarily is unreliable, more so, when such a confession is retracted.
Child Victim Cases: In a kidnapping and POCSO case, the child's Section 164 statement supported conviction when corroborated, despite potential contradictions.
Evidentiary Value: Retracted statements under Section 164 can corroborate but require careful analysis under .
Other rulings stress that retractions influenced by delay or advice don't automatically discredit if original was voluntary.
Courts adopt a multi-factor approach:1. Recording Compliance: Warnings given? Time for reflection? Police influence absent? 2. Victim's Vulnerability: Extra caution for children; medical exams and consistent narratives bolster credibility. 3. Supporting Evidence: Medical reports, eyewitnesses, or forensics are essential post-retraction. 4. Retraction Motives: Genuine fear or pressure vs. external influence.
In POCSO trials, even retracted statements can contribute if voluntary and corroborated, ensuring justice balances victim protection and accused rights.
A POCSO victim's Section 164 CrPC statement can typically be retracted during trial without automatic invalidation. Courts meticulously evaluate , retraction reasons, and corroborative evidence before reliance. Precedents like those in , , and underscore this balanced approach, protecting vulnerable children while upholding justice principles.
Stay informed on evolving case law, as interpretations may vary by facts. For personalized guidance, reach out to legal experts.
#POCSO, #CrPC164, #LegalInsights
Assistant Collector (HQ), Central Excise Collectorate, Cochin, reported in (1997) 3 SCC 721, the Supreme Court has held that there was no prohibition under the Evidence Act to rely upon the retracted confession, to prove the prosecution case or to make ... On a careful perusal of the confessional statement of the appellant, we are more inclined to view the death of the victim boy as a tragic accident caused due to the rash....
This extra-judicial confession in my view corroborates the evidence that the appellant had raped the victim. In the case of Sansar Chand Vs. ... State of Rajasthan reported in (2010) 10 SCC 604, the Supreme Court has held that there is no absolute rule that an extra-judicial confession can never be the basis of a conviction, although ordinarily an extra-judicial confession should be corroborated by some other material .......
According to the learned APP, merely because the appellant had retracted from his confession several months after the same was recorded under Section 164 Cr.P.C., the same does not erode the evidential value of the confessional statement of the accused. Ms. ... State of Gujarat, (2007) 4 SCC 257, the Supreme Court has observed that merely because the confession was retracted later that does not mean that ....
Section 164 CrPC enables the recording of the statement or confession before the Magistrate. Is such statement substantive evidence ? What is the purpose of recording the statement or confession under Section 164 ? ... examination, the Doctor confirmed that the victim was pregnant and she was informed by the victim that the appellant had committed sexual intercourse with her twice, on 02....
Two principal grounds have been urged on behalf of the appellant: first, that he retracted the alleged confession at the trial, but the trial court proceeded to convict him on the basis of the confession alone; and, secondly ... to a girl- child. ... The victim in this case was about 13 years old at the time that the initial act of sexual assault was alleged to have been comm....
There is a statement of the appellant recorded under Section 164 of the Code of Criminal Procedure, 1973 wherein he, apparently, confessed to having raped his minor step-daughter at least four times and being the father of the girl-child that the victim delivered. ... Two principal grounds have been urged on behalf of the appellant: first, that he retracted the alleged confession at the trial, but the tri....
Section 164 of the Code deals with “recording of confession and statements”. ... We desire to express no opinion on the question whether the extra-judicial confession made to P.Ws. 2 to 5 is barred under Section 24 of the Evidence Act. ... The confession was retracted before the trial Judge by the acquitted accused Pooran Singh on 28.7.1985 where, he disclosed that he was produced for ju....
Thereby, he committed offence under Section 9 of the Prohibition of the Child Marriage Act. ... According to the the finding of the learned trial Judge, the marriage was not proved in accordance with law and hence, he acquitted the appellant from the charge framed under Section 9 of the Prohibition of the Child Marriage Act. ... Further, when the learned trial Judge acq....
Thereby, he committed offence under Section 9 of the Prohibition of the Child Marriage Act. ... According to the finding of the learned trial Judge, the marriage was not proved in accordance with law and hence, he acquitted the appellant from the charge framed under Section 9 of the Prohibition of the Child Marriage Act. ... The learned counsel for the appellant submitt....
Though the marriage took place only by putting a sindoor on the forehead of the victim and cannot be treated as a valid and legal marriage but both understood the same as completion of formalities of the marriage. ... In this case, since the victim is a 'child. within the meaning of Section 2(d) of POCSO Act, the consent of the victim for physical rela....
2 Fatiur Ali had retracted his confession recorded earlier under Section 164 Cr.P.C. The defence side, however, did not lead any evidence.
On the basis of that statement, Section 354A IPC and Section 8 POCSO After the prosecutrix/victim child was recovered, her statement was got recorded under Section 164 Cr.P.C. 2. The aforesaid FIR was initially registered under Section 363 IPC on 16.02.2014.
Also it will be in the fitness of the case to appraise the value of retracted confession for the co-accused under section 30 of The Indian Evidence Act a little later. In this regard it is important to consider the retracted confession within the legislative paradigm laid down under Sections 24 to 26 of the Indian Evidence Act and Section 162(1) and Section 164 of the Code of Criminal Procedure, 1973.
Statement of child victim u/s 164 Cr.P.C. was recorded. Thereafter, the child victim as well as accused were sent for medical examination in SGM hospital, where their MLCs were conducted and the exhibits were obtained including the undergarments of child victim. After completion of the investigation, the charge sheet in the matter was filed.
During the time of reflection, the accused should be completely out of police influence. (vi) A judicial confession not given voluntarily is unreliable, more so, when such a confession is retracted, the conviction cannot be based on such retracted judicial confession (vii) Non-compliance with Section 164 Cr.P.C. goes to the root of the Magistrate's jurisdiction to record the confession and renders the confession unworthy of credence. The maker should be granted sufficient tim....
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