S.409,466,467,471 I.P.C.
Rahul Singh
(Querist) 28 July 2010
This query is : Resolved
Case-The Accused has been convicted u/s.409/466/467/471 I.P.C.The sole ground of conviction has been on the statement given in court by the enquiry officer(judge)that the accused had admitted the commiting of the offence & had then deposited the amount.
Whereas,nowhere in the whole enqury/previous statement/report of the judge or the challan the said fact"accused had admitted the commiting of the offence & had then deposited the amount"is stated or recorded.This has for the first time only come in evidence.
So,Qs.is Whether convistion can be given only on the evidence coming for the first time,that to of a wittness who was the enquiry officer?If NO then kindly give ruling for the same.
Devajyoti Barman
(Expert) 28 July 2010
Where this admission was given , before the police or the court. If the accused ahs confessed before the police then the testimony of the IO or other police officer has got no legal value and the conviction on this ground alone is liable to be set aside by the higher court.
