The trial Court as well as the High Court, placed extensive reliance on the confessions of the Accused Appellants Mohmedfaruk @ Palak Safibhai Memon and Amin @ Lalo recorded by the Medical Officer, Dr. Arvindbhai(PW-2) while preparing the injury reports of the Accused. {Para 40}
41. We find that these so-called confessions are ex-facie inadmissible in evidence for the simple reason that the Accused persons were presented at the hospital by the police officers after having been arrested in the present case. As such, the notings made by the Medical Officer, Dr. Arvindbhai(PW-2) in the injury reports of Mohmedfaruk @ Palak and Amin @ Lalo would be clearly hit by Section 26 of the Indian Evidence Act, 1872(hereinafter being referred to as 'Evidence Act'). As a consequence, we are not inclined to accept the said admissions of the Accused as incriminating pieces of evidence relevant Under Section 21 of the Evidence Act.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 2828-2829 of 2023 and 112 of 2024
Decided On: 08.08.2024
Allarakha Habib Memon and Ors. Vs. State of Gujarat
Hon'ble Judges/Coram:
B.R. Gavai and Sandeep Mehta, JJ.
Author: Sandeep Mehta, J.
Citation: MANU/SC/0856/2024.
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