RELEVANCY OF CONFESSION
Arvind Singh Chauhan
(Querist) 24 March 2011
This query is : Resolved
Sir,
There were 4 accused A B C D E F. A B C D were the real offender . E& F were relative of A B C D. Complainant indulged the name of E F only because they didn't try to stop A B C D from causing injury to complainant.
A B C D were juvenile and were tried by juvenile board. They confessed before board and released on admonition.
1- Whether judgment of juvenile board may be produced in defence of E & F.
2- Whether A B C D can be produced as defence witness.
3- How much the, Judgment of juvenile board and statement of ABCD as defence witness, may be relevant for the acquittal of E & F.
Please cite the provision or judgment in defence of ABCD.
prashant pundhir
(Expert) 25 March 2011
As far as my study of the case,it is looking a case of common intention or common object i.e.sec.34 or sec.149 ipc. If it is so,then the confession of ABCD will not defened E&f as they did not got acquittal from juvenile board,but got the benefit of being juvenile . U/S 30 of Indian Evidence Act,it will work against E&f .
If my thinking is right,and it's a case of common intention or common object,then when ABCD have already confessed thtre crime,E&f only need to prove that there was not any common object or intention .Otherwise if not of common object or intetion,no offence is build against E&f only due to there presence .
Secondly ABCD can not be produced as defence witness because they are involved in the same crime,and did not got acquittal .
The judgement of the Juvenile board only defend E&f if in the confession of ABCD,it is said that there is not any common object or intention of E&F in the confessed crime .
Arvind Singh Chauhan
(Querist) 25 March 2011
Thanks Pundhir Sir. The Sections are 147,323,504,506.
Sir whether these trial one before juvenile board, another in the court of JM shall be called joint trial?
