i am terrified by SC's justification of police beating of witness. it said that police beating of witness is ok and the so called truth which police extracts by beating witness is not considered as tainted evidence in court. here is the link:https://164.100.47.5:8080/members/website/SM_MADE_No.asp?number=211&sess_no=205
now by giving such judgement the SC violates the following laws:
1] according to section 24 of the indian evidence act, the confession before police has no evidentiary value. after this judgement such confession will have evidentiary value
2] according to secion 163 of CrPC no police officer or investigator can force a witness to make any statement nor they can prevent any person from making a statement.
3] article 20(3) of constitution said that an accused has a right to be silent. the SC by the above mentioned judgement violated constitution too.now police can break the silence of the accused by beating.
4] according to the international code of human rights:
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
link:https://www.rjionline.org/MAS-Codes-International-Human-Rights
5] according to golden thread of justice of fair trial: nobody will torture an accused for confession.
supreme court violates all above mentioned laws by its justification of police beating of witness. just exactly how sc can do that? which era we live in? it is not only a mockery of justice but also an embarrasment in the international field. according to art 141, the judgement of SC binds all courts. now all courts of india will use tainted evidence. justice will be mocked greatly.
what do you think?
