Admissibility of Statements and Confessions

Confessions made to a medical officer by the accused while in police custody could be admitted as evidence.

SUPREME COURT OF INDIA

Criminal Appeal Nos. 2828-2829 of 2023

Allarakha Habib Memon, etc………….Appellants

Vs.

State of Gujarat…………Respondent

B.R. Gavai & Sandeep Mehta, JJ.

Decided on : 22/08/2024

Evidence Act, 1872

Sections 21, 26— Admissibility of Statements and Confessions—Confessions made to a medical officer by accused while in police custody could be admitted as evidence, considering Section 26 of the Indian Evidence Act.

[Paras 24, 28, 29, 34] IPC 

Sections 302, 323, 120B—Murder—Criminal Conspiracy—Voluntarily causing hurt—Examination of the testimony of the first informant and Police Constable (PW-12), pointing out contradictions in their statements, and raising doubts about the presence of the first informant at the crime scene, impacting the charges under Sections 302 and 120B of IPC—Lack of credible evidence linking the appellants to the crime scene, thereby not fulfilling requirements of Sections 302 and 120B IPC.

[Paras 17, 23, 35, 39, 40, 43]

Sections 302, 323, 120B—Testimony—Eyewitness—Credibility of eyewitness testimonies, especially regarding the presence of the first informant at the scene—Acquittal—Court set aside convictions under Sections 302 and 120B of the IPC, due to inconsistencies in eyewitness testimonies, procedural lapses, and doubts about timing and authenticity of the FIR—Confessions made while in police custody are inadmissible if not corroborated by other independent and reliable evidence—Appellant and co-appellants acquitted of all charges due to insufficient and unreliable evidence

Decision : appeal allowed