Magisterial confession under Section 164 CrPC sustained conviction where voluntariness and corroboration were proved by independent evidence.

A confession recorded by a Magistrate under Section 164 CrPC was held admissible where the record showed voluntariness, truthfulness, and freedom from police influence. The accused had been in judicial custody for a substantial period, was warned of his rights, and was examined on voluntariness; the delay before recording was not fatal, and the absence of an early retraction supported genuineness. The confession was materially corroborated by the scene, injuries, weapon, fingerprint and foot-mould evidence, and post-occurrence conduct. The objection to fingerprint and specimen impression evidence failed, as did the statutory challenge under the Identification of Prisoners Act, and the conviction and death sentence were maintained.

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Issues: Whether the confessional statement recorded under Section 164 of the Code of Criminal Procedure, 1973 was voluntary and trustworthy, and whether the conviction and sentence could be sustained on the basis of that confession together with corroborative circumstantial evidence.

Analysis: A confession recorded by a Magistrate can be relied upon only if it passes the twin test of voluntariness and truthfulness. The surrounding facts showed that the accused had been in judicial custody for a substantial period before the confession, was warned of his rights, was examined by the Magistrate on voluntariness, and was not shown to have been subjected to coercion, inducement, or police pressure. The delay between preliminary questioning and recording of the confession was not, by itself, fatal where the accused had already spent adequate time in judicial custody free from police influence. The confession was also not retracted at the earliest opportunity, which reinforced its voluntariness. On the question of truth, the confession fitted the proved circumstances: the scene of occurrence, the injuries, the weapon used, the fingerprint evidence, the foot-mould evidence, and the accused's post-occurrence conduct all materially corroborated the narrative. The challenge to the fingerprint evidence and specimen impressions failed, and the statutory objection under the Identification of Prisoners Act did not avail the accused.

Conclusion: The confession was voluntary, true, and corroborated by independent evidence; the conviction was sustainable.

Final Conclusion: The appeal was dismissed and the conviction and sentence of death were maintained.

Ratio Decidendi: A confession recorded by a Magistrate under Section 164 of the Code of Criminal Procedure, 1973 is admissible and may sustain conviction where the record shows voluntary making, sufficient freedom from police influence, and corroboration by independent evidence in material particulars.

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