Confessions Recorded in Police Presence Deemed Inadmissible, Leading to Acquittal
In a significant ruling, the Gauhati High Court has set aside the conviction of Jiten Engti and three others, previously found guilty under Sections 302/34 of the Indian Penal Code for the murder of a local priest. The decision, delivered by Justices Michael Zothankhuma and Sanjeev Kumar Sharma, highlights critical lapses in the judicial process, particularly regarding the admissibility of confessional statements.
The appellants, initially convicted by the Sessions Judge in Karbi Anglong, challenged the judgment on the grounds that their convictions were based solely on confessional statements made under Section 164 of the Criminal Procedure Code (Cr.PC). The High Court found that these statements were improperly recorded as they were made in the presence of a police officer, contravening the Supreme Court's guidelines established in the case of Rabindra Kumar Pal v. Republic of India.
The court emphasized that the presence of police personnel during the recording of confessions violates the principles designed to ensure the voluntariness and reliability of such statements. This breach rendered the confessions inadmissible as evidence, thus undermining the foundation of the appellants' convictions.
Additionally, the court scrutinized the extra-judicial confessions allegedly made by the appellants to the sons of the deceased. It was noted that these confessions lacked corroboration from independent and reliable evidence, further weakening the prosecution's case.
The High Court's decision underscores the judiciary's commitment to upholding procedural safeguards and the rights of the accused, reinforcing that convictions must be based on sound and admissible evidence. The appellants are to be released from custody unless they are required in connection with other legal proceedings.
Bottom line:-
Confessional statements recorded under Section 164 Cr.PC in the presence of police personnel are inadmissible as evidence. Extra-judicial confessions, being a weak form of evidence, require corroboration from reliable evidence to sustain a conviction.
Statutory provision(s): Indian Penal Code, Sections 302/34; Criminal Procedure Code, Section 164; Evidence Act, Section 30.
Jiten Engti v. State of Assam, (Gauhati)(DB) : Law Finder Doc id # 2907348
