Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Terrorist and Disruptive Activities (Prevention) Act 1987: s. 15. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Terrorist and Disruptive Activities (Prevention) Act 1987, s. 15. Terrorist and Disruptive Activities (Prevention) Rules, Rule 15(2) and (3) and Code of Criminal Procedure 1974, s. 164-Confessions of accused recorded by same police officer who was supervising investigations and without informing accused that the statements were being recorded under TADA-Whether malafide-Held, on facts, no; moreover, accused made no such grievance in their statement under s. 313 Cr.P.C. Mandatory requirement that police officer must explain and give statutory warning to accused so that confession is voluntary-Whether while confession is recorded in two parts warnings given while recording first part will hold good for recording the second part which is the real confession-Held, yes; the second part being in continuation of the first part both parts have to be treated as one confessional statement-Further held, the requirement of law was that police officer should ascertain voluntariness and explain to accused that confession could be used against him in evidence-On facts, there was no breach of rule 15(2) of TADA Rules. Police officer mixing up the certificate and memorandum required to be made under the rules-Statement regarding voluntariness appearing in the body of the confession and not at the end of it-Whether the certificates and memorandum should be in the exact words of Rule 15(3)(b)--Held, no mandatory-Though giving of statutory warning ascertaining voluntariness and preparation of contemporaneous record is mandatory, the words of the certificate and memorandum are not-There was no violation of rule 15(3)(b). Whether guidelines issued by High Court for recording confessions u/s. 164 Cr.P.C. apply to those recorded u/s. 15 TADA-Held, no-Merely because some guidelines were not followed Rule does not deprive confessions of their evidentiary value. Admissibility of confession by accused under s. 15 TADA-Held, is a substantive piece of evidence and can be used against a co-accused also otherwise held to be voluntary and believable-Further held, on facts, the confessions of the accused 1 to 6 were voluntary and reliable and could farm a safe basis for convicting them. Test Identification Parade-Witnesses identifying accused for first time B in court during trial three years after a"est of accused-Held, not holding T.l.P. does diminish the evidentiary value of the identification of the accused in court but is corroborated by other evidence-Evidence Act 1872, s. 9. Code of Criminal Procedure 1974, s. 173(8)- Criminal investigation-Case initially investigated dishonestly-Despite five empty cartridges being recovered from spot indicating that weapon was pistol, a revolver was seized as the weapon of offence-Two persons sent up for trial and after obtaining bail they absconded-Trial not proceeded with-Later another police officer re-investigating and finding that acts were of terrorist nature attracting TADA-Trial court holding that re- investigation was done with D oblique motive-Held, on facts, trial court erred in coming to such conclusion-There were doubts about the honesty of the first investigation and the subsequent investigation was not done with any oblique motive. Terrorist and Disruptive Activities (Prevention) Act 1987, s.3(3)-Terrorist acts- Gang warfare over grabbing of land-Confessions of A-1 to A-6 revealing commission terrorist acts by grabbing lo which they belonged-Held, although there was no specific evidence regarding terrorist acts, confessions of A-1 to A-6 corroborated by witnesses would prove A-I to A-6 had committed terrorist acts attracting s. 3(3) TADA. |
Judge | Hon'ble Mr. Justice G.T. Nanavati |
Neutral Citation | 2000 INSC 17 |
Petitioner | S.n. Dube Etc. |
Respondent | N.b. Bhoir |
SCR | [2000] 1 S.C.R. 200 |
Judgement Date | 2000-01-12 |
Case Number | 678 |
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