AI Overview...
- Voluntary Statements Not Pleaded Cannot Be Relied On
- Voluntary statements made by the accused or witnesses, if not recorded or pleaded during investigation or trial, are generally inadmissible or cannot be relied upon as evidence. For instance, the absence of recorded voluntary statements (e.g., PW 38 not recording accused No.1's statement) renders such statements inadmissible for proving recovery or guilt (Source: State of Karnataka VS Mahesha - Crimes).
- Statements obtained under duress or coercion are considered involuntary and thus inadmissible. Courts have held that confessions or statements made under compulsion or without proper voluntary recording are unreliable (Sources: PURNA BAHADUR BHUJEL VS STATE OF ARUNACHAL PRADESH - Gauhati, UNION OF INDIA VS Abdulkadar Abdulgani Masmani - Gujarat).
- Cross-examination aimed at eliciting admissions or confessions that were not previously recorded or pleaded is not sufficient to rely upon such statements as substantive evidence. For example, questions about false statements made in previous suits or unrecorded voluntary confessions during cross-examination are not admissible for proof of guilt (Sources: Karan Sai VS State - Calcutta, Emperor VS Pramatha Nath Bose - Calcutta).
- The principle underscores that only properly recorded and pleaded voluntary statements can form a basis for conviction; unpleaded or unrecorded statements are inadmissible and cannot be used to establish guilt or for corroboration (Sources: Shiv Rametc. VS State of Uttar Pradesh - Crimes, Sanjay VS State of Haryana - Punjab and Haryana, PURNA BAHADUR BHUJEL VS STATE OF ARUNACHAL PRADESH - Gauhati).
Analysis and Conclusion:
The legal doctrine emphasizes that voluntary statements must be properly recorded and pleaded during investigation or trial to be admissible. Statements obtained involuntarily, under coercion, or not formally recorded cannot be relied upon in court proceedings. Cross-examination alone cannot convert unpleaded or unrecorded statements into admissible evidence. This principle safeguards against reliance on unreliable or improperly obtained confessions, ensuring the integrity of judicial proceedings.
Search Results for "Voluntary Statement in Cross Examination which are Not Pleaded Cannot be Relied on"
• India - Crimes
M.M.PUNCHHI, S.P.KURDUKAR
hours, naming all the accused also lends assurance is our conviction that the evidence of these two witnesses is trustworthy and cannot ... It is well settled that the evidence of witnesses cannot be discredited only on the ground that they are close relatives of the deceased ... This would only show how in such a serious crime the investigating agency was not careful and prompt as it ought to be (Para 17) ... During investigation the accus....
• India - Calcutta
SHIVAKANT PRASAD, SHAMPA SARKAR
The defense raised issues regarding the examination of certain witnesses, contradictions in witness statements, and the admissibility ... Issues: The issues raised included the examination of specific witnesses, contradictions in witness statements, the admissibility ... of the confessional statement. ... The evidence of these witnesses have not been shaken in the cross#HL_END....
1910 0 Supreme(Cal) 396 • India - Calcutta
Issues: Whether the defendant was compelled to answer the questions asked in cross-examination in the civil suit, within the ... The defendant answered the questions, admitting to making false statements in a verified written statement in another case. ... Fact of the Case: The defendant in a civil suit was cross-examined in another civil suit. ... This distinguishes the Madras case from the present on....
• India - High Court of Karnataka (Bengaluru Bench)
statement of co-accused cannot be accepted as proper identification. ... ON DISCLOSURE OF INVESTIGATING OFFICER - IDENTIFICATION BASED ON SHOWING OF ACCUSED IN POLICE OFFICE - IDENTIFICATION BASED ON VOLUNTARY ... DISCLOSURE OF INVESTIGATING OFFICER - IDENTIFICATION BASED ON SHOWING OF ACCUSED IN POLICE OFFICE - IDENTIFICATION BASED ON VOLUNTARY ... Therefore, the uncorroborated evidence of PW.12 Yathiraj Investigating Of....
2017 0 Supreme(Cal) 603 • India - Calcutta
DIPANKAR DATTA
The court relied on the principle that statements made by witnesses in the course of a preliminary enquiry cannot be regarded as ... OF WITNESSES - CROSS-EXAMINATION - CIRCUMSTANTIAL EVIDENCE - PREPONDERANCE OF PROBABILITIES - FINDINGS OF GUILT - PUNISHMENT OF ... legal evidence to nail the charged officer, particularly when such witness did not stand by his previous statement#....
• India - Crimes
MIRDHE, VISHWANATH
But PW 38 has not recorded the voluntary statement of accused NO.1. ... of the incriminating articles in pursuance of the voluntary statement becomes inadmissible. ... State of Karnataka, the Mahesha Supreme Court has held that where the voluntary statement of the accused is not recorded the recovery ... He was admitted in his cross #....
1910 0 Supreme(Cal) 292 • India - Calcutta
TEUNON, HARINGTON
The questions asked in the cross-examination were intended to elicit admissions that the defendant had made false statements in a ... verified written statement filed in a previous suit. ... The defendant was subsequently prosecuted for making false statements in the verified written statement. ... This distinguishes the Madras case from the present one, for a statement....
2011 0 Supreme(P&H) 1411 • India - Punjab and Haryana
SATISH KUMAR MITTAL, A.N.JINDAL
to their voluntary statements made before the police. ... aged 9 years, was sister of one of the boy was natural witness and described the sequence of events that and also stood by lengthy cross-examination ... examined as he had gone abroad it cannot be said that the prosecution has not established the cause of death--Held that if the genuineness ... In cross-#HL_START....
2001 0 Supreme(Gau) 319 • India - Gauhati
R.S.MONGIA, A.K.PATNAIK
Finding of the Court: The court found no fault with the conviction, as the witnesses were credible, the confession was voluntary ... Even taking the statement on face value, the accused cannot be said to have a right of self-defence. ... To this witness also no question was put in the cross-examination regarding the accused having made confessional statement in presence ... N....
1984 0 Supreme(Guj) 122 • India - Gujarat
D.C.GHEEWALA, J.P.DESAI
were not voluntary and were taken under duress and they were simply made to sign the same – Held, It is true that in the case of ... either authorised to search or authorised to seize the goods and hence it follows that the seizure cannot be said to be under the ... The learned Chief Metropolitan Magistrate separated the case against, original accused No. 4 named in the complaint and against– Statements ... tempts us to d....
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