2022 YLR 522
Confessional statement of accused--- Infirmities--- Accused was charged for committing murder of the deceased/ complainant while snatching money---Record showed that in cross-examination Judicial Magistrate admitted not to have asked any question othe r than mentioned in the questionnaire---After recording confessional statement, Judicial Magistrate committed the accused to judicial custody through Naib Court--- Judicial Magistrate admitted that the confessional statement was not written by him by his hand but was scribed by the steno of the Court on his dictation---Admittedly, Recording Magistrate had provided only one opportunity with a single warning for reflection---Usually, the Naib Court was in the uniform, thus shifting of the confessor through a Naib Court also offended the pre-caution---By not providing two opportunities for reflection with intervals intentionally violated the directions rendered by the Supreme Court---Presence of Court Official and writing the confession by him without offering explanation and such fact not contained in the certificate made the entire proceedings of confessional statement un-voluntary and erroneous, making the same inadmissible---Circumstances established that the prosecution had failed to bring home the charge against the accused---Appeal against conviction was allowed, in circumstances.
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