The Hon’ble Punjab and Haryana High Court ruled that a confession made to a police officer under any circumstances is not admissible in evidence against the accused. It covers a confession made when he was free and not in police custody, as also a confession made before any investigation has begun. 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 when he made the confession.
Therefore, confession in police custody cannot be relied for holding accused guilty.
Brief Facts:
The present appeal has been filed against the judgement of conviction under Section 412 IPC.
The case of the Prosecution was that information was received that a person is in possession of a Car without number plate which is a proceed of snatching. The road was barricaded. Accused No.2 was apprehended in possession of a Car. Further Appellant No.1 was apprehended who suffered a disclosure and submitted that Swift Desire Car was proceed of loot.
Contentions of the Appellant:
It was argued that reliance was placed at extra judicial confessions and that there was no cogent evidence for involvement of Appellant 1.
Observations of the Court:
It was observed that to attract offence of dacoity as adumbrated under Section 391 of the Code, the essential ingredient is commission of robbery by 05 or more persons conjointly. In order to constitute offence punishable under Section 412, it is quite essential that the proceeds must be result of dacoity.
As per the facts of the present case, offence of dacoity was not made out as 4 person snatched car.
In respect of confession, it was ruled that a confession made to a police officer under any circumstances is not admissible in evidence against the accused. It covers a confession made when he was free and not in police custody, as also a confession made before any investigation has begun. 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 when he made the confession.
Therefore, confession in police custody cannot be relied for holding accused guilty.
The decision of the Court:
Based on aforementioned reasoning, the Court accordingly released Appellant No 1.
Case Title: Navdeep @ Chhotu & Anr. v. State of Haryana
Case No.: CRA-S No.3154 of 2023 (O&M)
Coram: Hon’ble Mr. Justice Pankaj Jain
Advocate for Appellant: Adv. Mr. Madhur Singh
Advocate for Respondent: Adv. Mr. R.K. Ambavta
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