Single extra judicial confession made for offence of theft commited at two different times
nishant
(Querist) 27 September 2012
This query is : Resolved
Hi experts how r u?
facts of my case-
one accused person has committed theft at two different places & against two different persons. There is gap of one year between two thefts.but only single fir is registered in respect of second theft and in police custody of second theft accused give confession to police of both thefts he committed. Then police made recovery of both theft property. later on recovering first theft property police informed to owner of such person. then that person lodged fir against that accused.
so my queries are :
1)when no fir in respect of first theft accused give extra judicial confession then police made recovery of stolen property. subsequently owner of such property lodged fir. so whether such extra judicial confession can be used against accused. & if it can be used then up to what extent/how?
2) is there any latest/relevant case law on this point?
3) whether delay in lodging fir after one year in respect of first theft will affect prosecution case?
Arvind Singh Chauhan
(Expert) 27 September 2012
Definitely in such a case benefit of doubt goes to accused in both trial.
But unfortunately and practically in lower judiciary new trend has emerged that accused has to show his innocence and cause of false implication by police.
