Confessional Statement – Admissibility – Same Case – Accussed – Co-accused – Confession Does Not Depend on Communication – Piece of Evidence
Whether the confessional statements recorded before the witnesses at serial nos. 64 to 66, by persons who are not accused in Special Case no. 21 of 2006, would be admissible in Special Case no. 21 of 2006?
Excerpt from : State of Maharashtra. Vs. Kamal Ahmed Mohammed Vakil Ansari And Ors.’ [Dated: March 14, 2013] [Court: Supreme]
Para 24…A confessional statement may be admissible in any number of cases. Or none at all. To determine admissibility the test is, that the author of the confessional statement must be an accused, in the case (in which the confessional statement is admissible). And in case it is to be used against persons other than the author of the confessional statement, then besides the author, such other persons must all be co-accused in the case.
whether the deposition in respect of these confessional statements, can only be made by producing as witnesses, the person who had made such admission/confession; or in the alternative, deposition thereof can also be made through the persons before whom such confessions were made?
The probative value of an admission or a confession does not depend upon its communication to another. Just like any other piece of evidence, admissions/confessions can be admitted in evidence only for drawing an inference of truth (See Law of Evidence, by M. Monir, fifteenth edition, Universal Law Publishing Co.). There is, therefore, no dispute whatsoever in our mind, that truth of an admission or a confession can not be evidenced, through the person to whom such admission/confession was made.