AI Overview...
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First Information Statement by the Accused - The initial report or statement given by the accused to police can contain both exculpatory and inculpatory details. Such statements are admissible and may include confessional elements, which can be used as evidence. They are often corroborated by medical or circumstantial evidence, and their credibility depends on the context and content Sandeep VS State of Haryana - Punjab and Haryana, Metropolitan Sessions Judge, Vijayawada VS Bolem Srinivasa Rao alias Sreenu - Andhra Pradesh, Thomas VS State of Kerala - Madras, Aghnoo Nagesia VS State Of Bihar - Supreme Court, MADHAVGIR s/o GURURATANGIR VS STATE OF MAHARASHTRA - Bombay.
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Confessional and Inculpatory Nature - The FIR or first information report provided by the accused may serve as a confessional statement if it admits to the offence, and courts have recognized its evidentiary value. When the statement contains admissions, it can be instrumental in establishing guilt, provided it is voluntary and corroborated by other evidence Metropolitan Sessions Judge, Vijayawada VS Bolem Srinivasa Rao alias Sreenu - Andhra Pradesh, MADHAVGIR s/o GURURATANGIR VS STATE OF MAHARASHTRA - Bombay.
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Legal and Evidentiary Framework - The admissibility of statements made by the accused during the investigation, including FIRs, is governed by the Indian Evidence Act and Cr.P.C. provisions. Statements made under Sections 154 and 162 are admissible, but their weight depends on the circumstances. Courts have limited the scope of admissibility of admissions and confessions in FIRs, emphasizing the need for corroboration Thomas VS State of Kerala - Madras, Kallappa S/o Naryana Machkur VS State of Karnataka through the Police Bidar Rural, represented by Public Prosecutor, Bidar - Karnataka.
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Use in Court and Case Outcomes - Courts may accept or reject statements from FIRs based on consistency, reliability, and corroboration. Discrepancies between initial reports and court testimonies can influence judgments, as seen in cases of sexual assault or murder, where the credibility of the FIR and subsequent statements is scrutinized State of Rajasthan VS Gaharoo - Rajasthan.
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Specific Cases and Examples - Several cases demonstrate the importance of FIRs or first information statements: in murder cases, the father’s FIR established cruelty and motive; in sexual assault cases, the prosecutrix’s statement, supported by medical evidence, led to conviction; and confessions in FIRs have been accepted in favor of the accused when corroborated Kallappa S/o Naryana Machkur VS State of Karnataka through the Police Bidar Rural, represented by Public Prosecutor, Bidar - Karnataka, Gurucharan VS State of Maharashtra - Bombay, State of Rajasthan VS Gaharoo - Rajasthan.
Analysis and Conclusion: The First Information Statement given by the accused is a crucial piece of evidence that can contain both admissions and denials. Its admissibility and evidentiary weight depend on factors like voluntariness, corroboration, and consistency. Courts have recognized that such statements, including confessional elements, are valuable but must be evaluated carefully within the broader evidentiary framework. Properly corroborated FIRs can significantly influence case outcomes, and their use is well-established in criminal proceedings Sandeep VS State of Haryana - Punjab and Haryana, Metropolitan Sessions Judge, Vijayawada VS Bolem Srinivasa Rao alias Sreenu - Andhra Pradesh, Thomas VS State of Kerala - Madras.
References: - Sandeep VS State of Haryana - Punjab and Haryana - Metropolitan Sessions Judge, Vijayawada VS Bolem Srinivasa Rao alias Sreenu - Andhra Pradesh - Thomas VS State of Kerala - Madras - Kallappa S/o Naryana Machkur VS State of Karnataka through the Police Bidar Rural, represented by Public Prosecutor, Bidar - Karnataka - Aghnoo Nagesia VS State Of Bihar - Supreme Court - Ganapati Ital R/o. Habbuwada VS State Of Karnataka Rep. By Police Inspector Karwar Town Police Station Karwar By State Public Prosecutor High Court Building Dharwad - Karnataka - State of Rajasthan VS Gaharoo - Rajasthan - Gurucharan VS State of Maharashtra - Bombay - Binoy VS State Of Kerala, Represented By The Sho - Kerala - MADHAVGIR s/o GURURATANGIR VS STATE OF MAHARASHTRA - Bombay
Search Results for "First Information Statement Given by the Accused"
2009 0 Supreme(P&H) 316 • India - Punjab and Haryana
K.S.GAREWAL, SHAM SUNDER
intention with his co-accused to commit crime--Their names not in statement given by first information--These accused acquitted ... in way of compromise in cases pending against accused ‘R’--Held That accused ‘R’ and accused ‘S’ committed offence under Section ... evidence duly corroborated by medical evidence--Other piece of circumstantial evidence is cogent, convincing and reliable--Thus, accused ... In that #HL_....
1992 0 Supreme(AP) 296 • India - Andhra Pradesh
MOTILAL B.NAIK, S.S.M.QUADRI
to Police and surrendering himself before the Police - First Information Report given by accused containing confessional statement ... confessional statement as well as admission of incriminating facts. ... ... HELD: In the instant case, the report given by the accused contains ... When the first information report given by an accused contains statement both exculpatory and inculpatory, the contention that the portion of the #HL_ST....
1973 0 Supreme(Mad) 419 • India - Madras
P.NARAYANA PILLAI, E.K.MOIDU
of statement given by the accused before the Police in course of investigation of the case. ... Code of Criminal Procedure, 1898-Sections 154 and 162-Evidentiary value of First information report/ statement by the accused-Admissibility ... State of Bihar3, limited the scope of the admissibility of an admission by an accused person in his first information statement and has dealt with the scope and admissibility of an accus....
2020 0 Supreme(Kar) 2239 • India - Karnataka
HANCHATE SANJEEVKUMAR
reporting these offences - Father of deceased/PW.15 had lodged first information statement stating that his first daughter was given ... worth given - Accused is in the habit of consuming alcohol and was ill-treating deceased and subjected deceased into cruelty by ... charges under Section 306 of IPC - Cruelty meted to deceased by accused is proved - Criminal Appeal dismissed ... The father of the deceased/PW.15 had lodged first #H....
1965 0 Supreme(SC) 151 • India - Supreme Court
R.S.BACHAWAT, RAGHUBAR DAYAL, K.SUBBA RAO
Issues: Whether the first information report given by the accused to a police officer and amounts to a confessional statement ... If the first information report is given by the accused to a police officer and amounts to a confessional statement, proof of the ... The expression "accused of any offence" covers a person accused of an offence at the trial whether or not he was accused of the offence ... If the first ....
2021 0 Supreme(Kar) 679 • India - Karnataka
M.G.UMA
or not - First information and the further statement given by the first informant specifically refer to the role played by the present ... No.2 is liable to be quashed - Petitioner that even as per first information he was directed by his higher officers to hold raids ... and to register the case against the matka players, cannot be a ground to reject first information out rightly by forming an opinion ... The Court is required to f....
2001 0 Supreme(Raj) 310 • India - Rajasthan
SUNIL KUMAR GARG
Penal Code, Sec. 376, Cr.P.C., Sec. 428 – Rape case – Discrepancy between the version given in first information report and the Statement ... recorded in Court – Sessions Judge acquitted the accused giving benefit of doubt – Held – The statements of the prosecutrix were ... It may be stated here that to give information under Section 154 is one of the modes by which a person aggrieved may set the criminal law in motion. And this is usually known as the first information#HL_EN....
2014 0 Supreme(Bom) 2423 • India - Bombay
B.R.GAVAI, V.M.DESHPANDE
Insofar as the accused No. 2 is concerned, her version is corroborated by the statement given by her to PW 3 Dr. ... Apart from that insofar as the accused No. 1 is concerned, there is corroboration to her testimony from her statement on the basis ... Where testimony of prosecutrix, aged below 16 years was reliable and inspiring confidence therefore conviction of accused proper. ... Apart from that insofar as the accused No. 1 is concerned, there is corroboration to h....
2021 0 Supreme(Ker) 303 • India - Kerala
K.HARIPAL
in Crime of Police Station, which was registered on basis of First Information Statement given by 2nd respondent, alleging offence ... an appeal preferred under Section 14A(2) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, moved by accused ... First Information Statement given by the 2nd respondent, alleging offence punishable under Sections 447, 294(b), 323, 324 and 307 read with Section 34 of the IPC,....
2003 0 Supreme(Bom) 878 • India - Bombay
B.B.VAGYANI, A.S.BAGGA
In other words, there is no bar to a confession in First Information being used in favour of the accused. 1995 SCC (Crimes) 57 - ... Court accept this statement of the accused made in the first information report. ... The evidence of Investigating Officer lends credence to this statement of the accused. ... In other words, there is no bar to a confession in first information being used in favour of the accused. In ....
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