2005 CRI. L. J. 242 ::2005 BLJR 1 46 ::(2005) 1 EastCriC 15 ::(2004) 4 Pat LJR 857 ::(2005) 1 BLJ 305

Patna High Court

Hon'ble Judge(s): R. S. Garg , J

(A) Evidence Act (1 of 1872) , S.30— Confession of co-acused - Is very weak type of evidence - If it is retracted then it would not be even admissible against maker of it. Confession of the co-accused is very weak type of evidence. If it is retracted then it would not even be admissible against the maker of it and in case it is proved that the confession of the co-accused was made either under threat or when he was in police custody or when he was unable to understand as to what he was doing then confessional statement would not be credible against the person who made it. In the present case, co-accused at the first available opportunity made application to the Magistrate that under forced circumstance he was compelled to make confession and when he was brought to the jurisdiction of the trial Court he again made an application to the concerned Magistrate that confession was obtained from him under threat. He was produced from custody. The Magistrate did not observe the requirement of law and immediately after his statements were recorded he was sent back to police custody. This confession of the co-accused, how far would support the case is a different thing but his retraction would certainly give a dent to the reliability and acceptability of the confessional statement made by the co-accused against the interest of the present applicant. ....