In which of the recent cases, the Supreme Court has summarized and reiterated the Rule of inadmissibility of confessions made to Police officer in police custody?
In Indra Dalal v. State of Haryana 2 issues were raised 1) Whether the prosecution has been able to prove the involvement of the appellants with the aid of Section 120-B of the IPC (ie Criminal Conspiracy) 2) Whether conviction could be sustained on the basis of confessions to police officer in police custody The Supreme Court observed that the confessional statements were recorded after the arrest of the accused while they were in police custody. Therefore, such statements were inadmissible having regard to the provisions of Sections 25 and 26 of the Indian Evidence Act, 1872. The approach of the High Court relying upon the confessional statements, otherwise inadmissible, with the aid of 'other connected evidence' is contrary to law. The inadmissibility of confessional statements, stood accepted and established by the Court owing to the joint operation of Sections 25 and 26 of the Evidence Act,1872, whereby confession to a police officer and confession made by an accused in police custody do not stand proved as against him. The bench was of the view that the prosecution has miserably failed to prove, beyond reasonable doubt, the charge of conspiracy against these appellants with the aid of Section 120-B of IPC. As a result, the appeals were allowed and the impugned judgment and sentence were, accordingly, set aside. In Ramakant Mishra v. State of UP, it was held that mere fact that in the dying declaration an oath had been administered to the deceased before recording the same, would not doubt the credibility of the dying declaration and would not nullify the same. In State of Punjab v. Dhanjit Singh Sandhu, it was held that the doctrine of “approbate and reprobate” is only a species of estoppel, it implies only to the conduct of parties. As in the case of estoppel it cannot operate against the provisions of a statute. It is settled proposition of law that once an order has been passed, it is complied with, accepted by the other party and derived the benefit out of it, he cannot challenge it on any ground “Law does not permit a person to both approbate and reprobate. This principle is based on the doctrine of election which postulates that no party can accept and reject the same instrument and that ‘a person cannot say at one time that a transaction is valid and thereby obtain some advantage, to which he could only be entitled on the footing that it is valid, and then turn round and say it is void for the purpose of securing some other advantage”.
A bicycle moves at 30 km/h and needs 9 hours to complete a journey. A van completes the same journey in 3 hours. If the bicycle's speed is increased by ...
A man travels some distance at a speed of 20 km/hr and returns at a speed of 15 km/hr. If the total time taken by him is 2 hrs 20 min, the distance is
A boy goes to school at 4 km/Hr and return at a speed of 3 km/hr. If he takes 7 hrs in all. Find the distance from his village to school?
How much time a train 200 metres long running at the speed of 72 km/hr take to cross a bridge 180 metres in length?
If a car runs at 36 km/hr, it reaches its destination late by 15 minutes but if runs at 45 km/hr it is late by 9 minutes. What is the correct time for t...
A train running at 72 km/hr takes 20 seconds to pass a platform and the train takes 6.5 seconds to pass a car running at 36 km/hr in the opposite direct...
Two trains X and Y start at the same time in the opposite direction from two points P and Q and arrive at their destinations 25 and 16 hours respectivel...
A man travels some distance at a speed of 12 km/hr and returns at a speed of 9 km/hr. If the total time taken by him is 4 hrs 40 min, the distance is
The speed of ‘A’ and ‘B’ is 65 km/hr and 40 km/hr, respectively. If the distance covered by ‘A’ in ‘x&r...
Train P starts from Lucknow to Dehradun at 11:55 am with an average speed of 30 m/s. Train Q starts from Dehradunto Lucknowat 1:35 pm with an average sp...