Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860/Terrorists and Disruptive Activities (Prevention) Act 1987 : Sections 302 i-!w 34 307 r/w 34/Sections 3(1)(2)(i) and 15. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code 1860/Terrorists and Disruptive Activities (Prevention) Act, 1987 : Sections 302 r/w 34; 307 r/w 34/Sections 3 (1)(2)(i) and 15. Charges under TADA Act and IPC--Confession made to Police Officer when made voluntary is admissible in evidence under Section 15 of TADA Act-Fundamental rule of evidence is that a confession made to a Police Officer by accused shall not be proved against him-Strict procedure for recording of confession need to be followed-Confession recorded in defiance thereof becomes inadmissible in evidence. Criminal Procedure Code, 1973: Section 164 : Voluntary confession-Requirement of-Discussed. Section 321: Application/or withdrawal from prosecution from charges framed under TADA Act-Designated Court not justified in rejecting the application as the State Government requested for withdrawal from prosecution only after taking into consideration the evidence and available material on record.According to the prosecution, appellants/accused hurled bombs at the security personnel, the bombs exploded and injured four constables. The. security personnel opened fire but accused fled away. Informant, Platoon Commander, took the injured to the hospital and lodged F.I.R. in the Police Station. One of the injured constables succumbed to his injuries in the hospital. Subsequently, on the basis of secret information, Police raided a house and nabbed one of the accused, the other accused surrendered in the Court. As the accused expressed their willingness to make confession statements, Superintendent of Police recorded their confession statement. After completion of investigation in the matter, charge-sheets were filed against appellants and five others before the Designated Judge, TADA. Before the Designated Judge, Prosecuting Officer sought permission to withdraw charges against the five accomplices and the Court granted permission. Subsequently as per order of the State Government, prosecution had filed another application for withdrawal of prosecution in respect of appellants for the charges framed against them under the TADA Act which was rejected by the Trial Court. Trial Court found them guilty for the offences punishable under Sections 3(1)(2)(i) of the Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 302 and Section 307 read with Section 34 IPC, and Section 4 of the Prevention of Damages to Property Act, 1984. Aggrieved, appellants moved this Court. Hence these appeals. It was contended for the appellants that the State Government after considering the various aspects of the matter had requested for withdrawal from prosecution in respect of the offence charged under the TADA Act and the Designated Judge could have allowed the same. On behalf of Respondent-State, it was contended that as the appellants had not challenged the order passed by the Designated Judge declining the withdrawal from prosecution they should not be allowed to be heard against the said Order before this Court. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2002 INSC 108 |
Petitioner | Ayyub Etc. |
Respondent | State Of U.p. |
SCR | [2002] 2 S.C.R. 106 |
Judgement Date | 2002-02-28 |
Case Number | 906 |
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