Case: Sahib Singh Vs. State Of Haryana

is based on the Maxim "habemus optimum testem canfitentem renum" which means that confession of an accused is the best evidence against him. The rationale behind this rule is that an ordinary, normal and sane person would not make a statement which would incriminate him unless urged by the promptings of truth and conscience.47. Under this Act, although a confession recorded by a Police Officer, not below the rank of Superintendent of Police, is admissible in evidence, such Confessional Statement, if challenged, has to be shown, before a conviction can be based upon it, to have been made voluntarily and that it was truthful. 48. In the instant case, Confession of the appellant was recorded by Superintendent of Police, Jind, on 14.12.1991, which was accompanied by a certificate by the S.P. Jind, in compliance of the requirement of Section 15 of the Act. The Confessional Statement has been proved and has been marked as Exh. W-14/A. The relevant portion of the Confessional Statement is as under : "My father Sucha Singh and Om Parkash Mahajan, R/o Pipaltha purchased some agricultural land in village Pipaltha since long. After that there was dispute between them. Om Parkash was a rich man. Om Parkash got implicated my father in false cases and got challaned through police on the basis of which grudge increased.There is one Kala Singh @ Rukha in our village who has committed two murders in our village and he is intenglled (entangled ?) in the group of terrorists and is residing in Punjab. Kala Singh was on visiting terms with us 3-4 days. Before committing the murder of Om Parkash, Kala Singh @ Rukha had come to us. I had asked Kala Singh @ Rukha to commit the murder of Om Parkash Mahajan R/o Pipaltha. Kala Singh @ Rukha told me that he has no need of money but he had to pay Rs. 15,000/- to the other terrorist for committing the murder. I promised to pay Rs. 15,000/- and Kala Singh had asked me to hand over Rs. 15,000/- to him in Makord Gurdwara. On 18.11.1991 Kala Singh @ Rukha R/o Pipaltha accompanied by six terrorists, one of them was Nachhatar Singh, names of other not known, came to my house. Kala Singh @ Rukha had asked me to see as to whether Om Parkash Mahajan is present at the house or not. On his asking I went to the house of Om Parkash. Om Parkash was present at his shop. I told Kala Singh @ Rukha that Om Parkash is present at a shop. Kala Singh @ Rukha along with his companion terrorist committed the murder of Om Parkash Mahajan by shots going at his house. Firing in the street they ran away on the Hero Honda motor-cycle No. HR-32-0218 after taking the same from the shop of motor-cycle, (Om Parkash ?) I went to my home after making information of Om Parkash Mahajan to Kala Singh @ Rukha and started drinks. On hearing the noise of fires I ran away from my house due to fear. That the sons of Om Parkash may not name me for the murder of Om Parkash, I had promised to pay Rs. 15,000/- for the murder of Om Parkash Mahajan." 49. A perusal of the Confessional Statement would indicate that three or four days prior to the date of incident, which incidentally is 18.11.1991, Kala Singh had come to the appellant and the appellant had requested Kala Singh to commit the murder of Om Prakash, for which Kala Singh wanted Rs. 15,000/- to be paid to other terrorists who would be hired for that job. It was on the basis of this arrangement that Kala Singh came along with six other terrorists, including Nachhatar Singh, on 18.11.1991 and committed the murder of Om Prakash. The terrorists, including Kala Singh, went away on the Hero Honda motor-cycle. 50. It has been held above that Kala Singh had already been killed in a police encounter on 31.10.1991. There was, therefore, no occasion of his coming to the appellant and the appellant asking Kala Singh to commit the murder of Om Prakash on Rs. 15,000/- being paid to him. 51. The story of Hallucination is repeated in the so-called Confessional Statement by saying that a dead person came to the appellant, talked to the appellant, asked the appellant to pay Rs. 15,000/- so that that "dead person" may pay it to other terrorists through whom the job of killing Om Prakash would be performed; the dead person came to the spot along with other terrorists on 18.11.1991 and committed the murder of Om Prakash. The Confessional Statement further makes that dead person to ride on a motor-cycle and drive away along with other terrorists on the same motor- cycle. The dead also drives ! 52. The Confessional Statement does not admit even substantially the basic facts of the prosecution story, inasmuch as in the Confessional Statement, no role is assigned to the appellant while in the prosecution story an active role has been assigned to him by showing that he too was armed with a gun and had gone at the spot and participated in the commission of the crime by firing his gun specially at the injured witness. The Confessional Statement is not truthful and is part of the Hallucination with which prosecution and its witnesses were suffering. It is accordingly discarded and cannot be acted upon.53. A little effort on the part of the trial court would have revealed to it the falsity of the prosecution case, but it proceeded in a mechanical manner and ultimately convicted the appellant ignoring that there was a deliberately delayed FIR and the case set out therein was sought to be proved through highly interested witnesses, instead of independent witnesses, and also by bringing on record a Confessional Statement which contained false facts. This leads to the conclusion that the trial judge was sitting only to convict forgetting that judiciary holds the SCALES seven, not titled.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]41. In view of these decisions, it is now certain that a "Confession" must either be an express acknowledgement of guilt of the offence charged, certain and complete in itself, or it must admit substantially all the facts which constitute the offence.According to these requirements, confession has to be made before a Police Officer not below the rank of a Superintendent of Police. Before recording the confession, the Police Officer has to explain to the person concerned that he is not bound to make the confession and that if he makes the confession, it may be used as evidence against him. The Police Officer has also to satisfy himself, after questioning the person concerned, that he is making the confession voluntarily. The Officer recording the confession has also to record a certificate of having observed the requirements of law.46. The Act, like the Evidence Act, does not define "Confession" and, therefore, the principles enunciated by this Court with regard to the meaning of "Confession" under the Evidence Act shall also apply to a "Confession" made under this Act. Under this Act also, "Confession" has either to be an express acknowledgement of guilt of the offence charged or it must admit substantially all the facts which constitute the offence. Conviction on "Confession" is based on the Maxim "habemus optimum testem canfitentem renum" which means that confession of an accused is the best evidence against him. The rationale behind this rule is that an ordinary, normal and sane person would not make a statement which would incriminate him unless urged by the promptings of truth and conscience.47. Under this Act, although a confession recorded by a Police Officer, not below the rank of Superintendent of Police, is admissible in evidence, such Confessional Statement, if challenged, has to be shown, before a conviction can be based upon it, to have been made voluntarily and that it was truthful.A perusal of the Confessional Statement would indicate that three or four days prior to the date of incident, which incidentally is 18.11.1991, Kala Singh had come to the appellant and the appellant had requested Kala Singh to commit the murder of Om Prakash, for which Kala Singh wanted Rs. 15,000/- to be paid to other terrorists who would be hired for that job. It was on the basis of this arrangement that Kala Singh came along with six other terrorists, including Nachhatar Singh, on 18.11.1991 and committed the murder of Om Prakash. The terrorists, including Kala Singh, went away on the Hero Honda motor-cycle.The Confessional Statement does not admit even substantially the basic facts of the prosecution story, inasmuch as in the Confessional Statement, no role is assigned to the appellant while in the prosecution story an active role has been assigned to him by showing that he too was armed with a gun and had gone at the spot and participated in the commission of the crime by firing his gun specially at the injured witness. The Confessional Statement is not truthful and is part of the Hallucination with which prosecution and its witnesses were suffering. It is accordingly discarded and cannot be acted upon.53. A little effort on the part of the trial court would have revealed to it the falsity of the prosecution case, but it proceeded in a mechanical manner and ultimately convicted the appellant ignoring that there was a deliberately delayed FIR and the case set out therein was sought to be proved through highly interested witnesses, instead of independent witnesses, and also by bringing on record a Confessional Statement which contained false facts. This leads to the conclusion that the trial judge was sitting only to convict forgetting that judiciary holds the SCALES seven, not titled.