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Confession is taken to be true, voluntary and inculpatory in nature, a
conviction can be given against the maker–
The confessions have been corroborated by circumstantial evidence proved by
the witnesses. Even if there is no corroborating evidence, if a confession
is taken to be true, voluntary and inculpatory in nature, a conviction can
be given against the maker of the statement relying upon it subject to the
conditions mentioned above. .....Mufti Abdul Hannan Munshi =VS= The State,
(Criminal), 2017 (2)– [3 LM (AD) 566] ....View Full Judgment
Confession has not been defined neither in the Evidence Act nor in the Code
of Criminal Procedure. Stephen in his digest "Law of Evidence" defined
confession as an admis¬sion made by a person charged with crime stating or
suggesting the inference that he committed the crime. Confession as to the
meaning of "Confession" was noted by the Privy Council in the case of
Pakala Narayan Swami Vs. King Emperor reported in AIR 2939 PC 47(52)
wherein Lord Atkin observed that "No statement containing self exculpatory
matter could amount to confession if the exculpatory statement was of some
facts which if true could negative the offence alleged to be confessed.
Moreover a confession must either admit in terms of the offence or at any
rate substantially all which constitute the offence". It is well settled
that confession means an admission of certain facts which constitute an
offence made by a person who is charged with an offence which is
subject-matter of his statement. So confession should be directly on the
point of admitting facts. No statement that contains self exculpatory
matter amounts to confession. Confession must admission in terms or at rate
substantially all facts which constitute the offence (1988 BLD 345), only
statement which is direct acknowledgement of guilt amounts to confession…
It is well settled that the confession of an accused is not a substantive
piece of evi¬dence against co-accused who did not confess and such
evidence alone without any subs¬tantive corroborative evidence cannot form
basis of conviction of co-accused. With this regard reliance is being
placed in this case of Mofazzal Hossain alias Mofa Vs. State 58 DLR 524.
This view receives support in the cases of State Vs. Rafiqullah Khan 7 BLC
480, Ustar Ali Vs. State 3 BLC (AD) 53, Lutfurnahar Vs. State 27 DLR (AD)
29, Babor Ali Molla Vs. State 44 DLR (AD) 10, State Vs. Lalu Mia 39 DLR
(AD) 117, Amir Hossain Vs. State 37 DLR (AD) 179, Joygun Bibi Vs. State 12
DLR (SC) 156. ….. (17 BLC (HCD) (2012) 307)
Confessional statement of an accused can be relied upon for the purpose of
conviction and no further corroboration is necessary if it relates to the
confessing accused himself provided the confession is true and voluntary.
For finding out whether Judicial confessional statement is truthful or not
there must be some reliable, independent and corroborative evidence. Before
solely relying upon the confessional statement, Court has to find out
whether it is made voluntarily or truthfully by the accused. Even if it is
made voluntarily the Court has to decide whether it is made truthfully or
not. Voluntary means that one, who makes it out of his own free will,
inspired by the sound of his own conscience. If the facts and circumstances
surrounding the making of a confession appear to fling a doubt on the
voluntariness and truthfulness of the confession, the Court is to refuse to
act upon the confession, even if it is admissible in evidence. The question
whether a confession is voluntary or not is always a question of fact.
….. (13 MLR (HCD) (2008) 88)
A statement made by a person accused of an offence, by which his guilt is
acknowledged or from which it can be inferred. Confession is the
acknowledgment by a criminal of the offence charged against him, when
charged by any person or called upon to plead to the indictment. A
confession before trial, if given without any inducement in favour or
threat of punishment, is evidence against the person charged even though he
may be in custody. A confession means an admission of certain facts
constituting an offence committed by a person who is charged for the
offence which is the subject matter of the statement. ….. (State Vs. Monu
Meah and others, 6 BLC 402)
To be the basis of conviction a confession must be voluntary and true and
it must also be inculpatory in nature. A retracted confession requires
independent and reliable corroboration before it is accepted and acted
upon. Confession of a co-accused is no evidence against other accused
persons. It may, however, lend assurance to other evidence – the Evidence
Act 1872, Sections 24-30. ….. (Dual Miah alias Nurul Islam and others Vs.
The State, 14 BLD (HCD) 477)
See, sections 24 to 30, the Evidence Act, 1872.
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