AIR 1981 SUPREME COURT 1165 ::1981 2 SCC 224 ::1981 UJ (SC) 503 ::1981 SCC(Cri) 411 ::1981 BBCJ 96 ::52 CutLT 140

Supreme Court Of India

(From : Orissa)

Hon'ble Judge(s): O. Chinnappa Reddy, Baharul Islam , JJ

(A) Evidence Act (1 of 1872) , S.24, S.80— Confession made to Magistrate - Evidentiary value - Examination of Magistrate - Not necessary in all cases. Section 80 of the Evidence Act makes the examination of the Magistrate unnecessary. It authorises the Court to presume that the document is genuine, that any statements as to the circumstances under which it was taken are true and that such confession was truly taken in accordance with law.(Para 5) Where the Magistrate had put to the accused all the necessary questions to @page-SC1166 satisfy himself that the confession was voluntary and, he had also appended the necessary certificate, it could be rightly acted upon without examining the Magistrate in absence of any circumstance justifying the calling of the Magistrate as a witness.(Para 5) (B) Evidence Act (1 of 1872) , S.24— Conviction on basis of confessional statement - Corroboration - Sufficiency of - General corroboration is sufficient to sustain conviction. AIR 1958 SC 66, Rel. on. (Para 6) .....