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| CONSTITUTION OF INDIA |
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| CONSTITUTION OF INDIA |
Constitution of India— Art. 20(3)— Evidence Act — S 27 — compelling a person witnessing against himself vis-à-vis Recovery of incriminating material at the instance of the accused — Once a confessional statement of the accused on facts is found to be involuntary — is hit by Article 20(3) of the Constitution — rendering such a confession inadmissible. (Para 20) |
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| CONSTITUTION OF INDIA |
Criminal jurisprudence — Evidence Act — S 27 — Recovery of incriminating material at the instance of the accused — Evidentiary value — There is an embargo on accepting self¬ incriminatory evidence — but if it leads to the recovery of material objects in relation to a crime — it is most often taken to hold evidentiary value as per the circumstances of each case — Constitution — Art. 20(3). (Para 20) |
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| CONSTITUTION OF INDIA |
Criminal jurisprudence — Evidence Act — S 27 — Recovery of incriminating material at the instance of the accused — Held, if the statement by accused is made under undue pressure and compulsion from the investigating officer — the evidentiary value of such a statement leading to the recovery is nullified — Constitution — Art. 20(3). (Para 20) |
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| CONSTITUTION OF INDIA |
CrPC — S 320 — Compounding of non-compoundable — Power of High Court u/s 482, CrPC— Power of Supreme Court u/Art. 142, Constitution of India — Held, offences which involve moral turpitude and grave offences like rape, murder, etc. will not be effaced by quashing the proceedings related thereto merely because of a compromise, in light of the consequent harmful effect on society. (Para 5) |
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| CONSTITUTION OF INDIA |
Constitution of India — Article 226 & 227 — CrPC — S 482 — Quashing of order of issue of process —IPC — Ss 499, 500, 501 & 502—Press and Registration of Books Act, 1867— Section 7 — Complaint against Resident Editor of a news daily — No allegation against the applicant except describing him as the "Resident Editor" in the cause title of the complaint — much less his knowledge with regard to the alleged defamatory news item published news daily — Held, the complaint even if taken at its face value to be true does not constitute any offence qua the present applicant — proceedings against the owner, publisher and printer already quashed — Application allowed. (Para 11) |
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