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EXTRA JUDICIAL CONFESSION

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 13-10-2018 - Confession Confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime. Confessions have been used as evidence against criminal defendants since ancient times. Confession is different from admission. An admission represents a statement that tends toward proving guilt. On the other hand, a confession is a fully corroborated statement during which the su .....

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child would be insufficient to conclude that the child committed the acts alleged in the petition. However it would be sufficient if it is corroborated by other evidence. A voluntary confession is a confession that is given out of a suspect's own free will, and has not been obtained by force, coercion, or intimidation. When an extra-judicial confession is found to be both true and voluntary, there would, strictly speaking, be no bar to the conviction on the basis of that confession alone ev .....

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d acted upon or that they are to be classed under some inferior category of admission or confession. It is the duty of the Court to scrutinize the evidence and circumstances carefully in order to ascertain whether the confession was voluntarily made. If the Court feels that it is impossible to hold, on the basis of that circumstance alone, then it may come to conclusion that the confession was not freely made. Difference between judicial confession and The fact that a confession is extra judicia .....

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[1995 (11) TMI 472 - SUPREME COURT] this Court stated the principle that an extra-judicial confession by its very nature is rather a weak type of evidence and requires appreciation with a great deal of care and caution. Where an extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance. While explaining the dimensions of the principles governing the admissibility and evidentiary value of an extra-judicial confession, the Su .....

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v. State of Rajasthan [2010 (10) TMI 1183 - SUPREME COURT] held that there is no absolute rule that an extra-judicial confession can never be the basis of a conviction, although ordinarily an extra-judicial confession should be corroborated by some other material. In Madan Gopal Kakkad v. Naval Dubey and Another [1992 (4) TMI 256 - SUPREME COURT], the Supreme Court held that the law does not require that the evidence of an extra-judicial confession should in all cases be corroborated. The rule o .....

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ders for deposit in Saving Bank accounts. He used to make entries in their pass books in his own hand but would not account money in the account books of the bank nor did he pass it to the cashier. When the depositors approached him for withdrawals of money, he would make fake credit entries in the ledger accounts and fill in the withdrawal slips and submit the same to the officer concerned for payment. The Passing Officer misled by the fake credit entry would allow the withdrawals. When the fra .....

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ial court held that the appellant in his capacity as a public servant, had misappropriated the money entrusted to him, in discharge of his duty, as a public servant. The trial court convicted him for the offences under Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 477-A IPC for falsification of accounts with intent to defraud the Bank and he was sentenced to undergo rigorous imprisonment for a period of two years along with a fine of ₹ 5,000 .....

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the present appeal against the order of the High Court before the Supreme Court. The appellant submitted the following before the Supreme Court- The appellant was working as peon in the bank and as per bank rules, no clerical job can be assigned to Peon/sub-staff. When any particular job is assigned to an employee different from his duty, then the Manager is supposed to issue office order/duty sheet whereas in the present case, no office order/duty sheet was placed on record to establish that th .....

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unts of various account holders thereby falsifying the account books of the Bank and the courts below rightly convicted the appellant for defrauding the Bank and the impugned judgment warrants no interference. The Supreme Court analyzed the entire case along with the documentary evidences and also considered the arguments put forth by both sides. The Supreme Court held that there is no merit in the contention of the appellant that in the absence of office order authorizing him to perform the cle .....

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, for being deposited in their accounts, but instead of accounting for the same in the respective account books of the bank, the appellant misappropriated it and later on made fake credit entries and forged the initials of the Manager. During the course of inquiry the appellant also admitted the above said facts. Mere allegation of threat or inducement is not enough; in the court s opinion, such inducement must be sufficient to cause a reasonable belief in the mind of the accused that by so conf .....

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