Full Judgment Text
JUDGMENT
Criminal Appeal No. 302/2025
This criminal appeal challenges a conviction under Sections 302 and 392 IPC, where the trial court relied substantially on a confession allegedly made spontaneously by the accused before a police officer.
HELD:
1. Section 25 of the Indian Evidence Act, 1872 creates an absolute and unconditional bar on the admissibility of any confession made to a police officer.
2. The character of the confession — whether voluntary, spontaneous, or induced — is irrelevant once it is established that it was made to or in the presence of a police officer.
3. Citing a long line of apex court precedents including Dagdu vs State of Maharashtra (1977) and Bharat vs State of Uttar Pradesh (2023), this court holds that the trial court erred in placing reliance on the alleged confession.
4. The remaining evidence — a single eyewitness of doubtful credibility — is insufficient to sustain conviction. The conviction is set aside and the appellant is acquitted.
Criminal Appeal No. 302/2025
This criminal appeal challenges a conviction under Sections 302 and 392 IPC, where the trial court relied substantially on a confession allegedly made spontaneously by the accused before a police officer.
HELD:
1. Section 25 of the Indian Evidence Act, 1872 creates an absolute and unconditional bar on the admissibility of any confession made to a police officer.
2. The character of the confession — whether voluntary, spontaneous, or induced — is irrelevant once it is established that it was made to or in the presence of a police officer.
3. Citing a long line of apex court precedents including Dagdu vs State of Maharashtra (1977) and Bharat vs State of Uttar Pradesh (2023), this court holds that the trial court erred in placing reliance on the alleged confession.
4. The remaining evidence — a single eyewitness of doubtful credibility — is insufficient to sustain conviction. The conviction is set aside and the appellant is acquitted.