Confession under section 164 of cr.pc
Syed Asif Ali
(Querist) 28 March 2013
This query is : Resolved
I need an advice regarding one of my clients. My client was arrested in a forgery case registered by the CBI and he was charged for preparing forged bank documents under section 420,467,471,468 of IPC. There are a total of four cases registered against him and he is charged for similar offences. In the very first case while under police custody the IO pressurized him a lot to give a confessional statement under crpc 164 before the magistrate since nothing was found from his residence and there was no proof of him preparing the documents. The only proofs he had against him was a bank number called on his mobile, and some weak evidence of him receiving official couriers in the name of bank from courier offices.So the IO kept requesting him to give confessional statement and accept his role of preparing documents and telling the role of other co accuse as well. My client did not give any confession and he was sent to judicial custody. The IO told him before his judicial custody that he is putting my client's role in charge sheet that he will be giving a 164 confessional statement and later will be an approver and asked him to write a letter to the jailer superintendent asking him that he wants to give a confessional statement before the magistrate. My client did not give any such letter and one day a CBI officer came to the judicial custody with court permission to take him to court in order to give confessional statement. My client denied it upon which he was first taken to the CBI office and again threatened by the IO that he will implicate his family members and put more local cases against him and take objections against his bail if he does not give a confessional statement. My client under immense pressure agreed to him and he was taken to court where magistrate upon asking his opinion gave him 24 hrs to decide. After one day my client was again picked up by CBI officials from judicial custody with court permission and taken to the court where he gave confessional statement before the magistrate that he has prepared the bank documents upon instructions of the co accused and also along with the confession a request for pardon under sec 306 Cr.pc was also given. Since after that case the CBI arrested my client 2 times under serious bank fraud cases related to different banks charging him with the same offence and role, I wanted to ask can at the time of trial my client deny the confession he gave as he gave it under pressure from the police and he did not write any letter to the jailer as the CBI officials requested to the court and escorted him to the court all the time till the confession was completed.
Advocate M.Bhadra
(Expert) 28 March 2013
Read this Judgement at www.indiankanoon.org
it may be benefited your client.
Laxman Singh Dharmshatru vs State Of Uttarakhand on 29 August, 2008
HIGH COURT OF UTTARANCHAL, AT NAINITAL
CRIMINAL APPEAL NO.285 of 2007
Laxman Singh Dharmshatru
S/o late Khushal Singh
R/o village Darkot, P.S. Munsyari
District Pithoragarh .........Appellant Versus
State of Uttarakhand ........Respondent
Mrs. Pushpa Joshi, Advocate for the appellant. Mr. Amit Bhatt, Addl. G.A. for the respondent-State.
Hon'ble J.C.S. Rawat, J.
