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.