satish kumar sharma (m (MM)) 06 March 2012

Evidence in criminal cases

In context of the case related to IPC 409,120B,114,467, and corruption act 13(1). Following are my questions:-

1. A Videograph statement (main accuse) recorded in presence of 'panchs' by investigating police officer is considered an evidence by court against co-accused names by main accused?

2. Mobile telephone conversations without knowlede of the other person recorded by main accuse and presented to investigation Police officers can be considered as evidence?

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 March 2012

As regards the first - it is not admissible - any confession (whatever be the form) made in police custody is inadmissible even against the main accused. (S.26 Indian Evidence Act) as regards its use against co-accused - the same is of zero importance.

As regards second query - the second seems admissible (R.M.Malkani vs State of Maharashtra - 1973 SC)