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Retracted Confession

Accused produced before the Magistrate straight away from the police custody:

  • Magistrate ordered the accused to be sent to judicial custody for two days for self introspection - although thereafter he was supposed to be produced directly from the Jail to the Magistrate, he was allegedly taken out of jail 2.30 hrs before the time fixed therefore.
  • Accused then made a complaint that before he had been produced before the Magistrate he was taken to police station and was tortured and tutored there and was made to make to the confession.
  • Accused maintained that stand in his examination u/s 313 Crpc but prosecution did not make any attempt to disprove the allegation
  • although it appeared from the Accused examination u/s 313 that he had named the police Inspector who allegedly tortured him but that police inspector had not been cross examined on that point
  • application made by the accused calling for some records from the Jail but no order passed there upon.

Held, In such a situation court should issue a suo Motu direction to jail authorities to produced the records, and if even then authorities fails to produce documents, an adverse inferences can be drawn - in absence of substantive corroboration the retracted confession not liable.

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