7/11: How Bombay HC negated 2015 guilty verdict ‘satisfied’ with confessional statements of accused
While acquired all of the 12 defendants convicted in 2015, on Monday, HC threw his confidence in the confession statements of the prosecution and said that certain parts of each statement were “the same and seem to have been copied.”
Commenting on the “Shocking finding”, a special bench of Justicees Anil and Shyam Chandak, “After examining the relevant part of the bomb explosions of each of the confessions, we discovered that certain parts of these statements are the same and appeared to be copied.” One of the important reasons for the fact that the expressions of confessions were unacceptable was that “some parts have been found to be similar and copied”, “they would not be right and complete”.
However, in 2015, the court approved the reality of confessions and torture, as stated by a police officer in front of a police officer instead of a peace judge and the defense, such as the originality of the factors such as other common oddities.
On the argument of the existence of common mistakes in confession statements, the court later, “It will be necessary to conclude that confession statements are produced themselves and dictated or prepared by a single authority based on this kind of partnership.” HC’s July 21 decision referred to a graph showing the partnership in the confession statements and said that “confession statements are volume about the reliability, reliability and accuracy of each of them”.
“These schedules strengthen the defense case that the defendant did not give confessions, but his signatures were forced. The defendants claimed that they did not give any confessions in their complaints before and before the accumulation of the sessions and claimed that their signatures were taken by ATS officers.” He said. The case was investigated by Maharashtra’s Anti -Terror Team (ATS). In 2015, the defense stated that confessions were not only under pressure but also manufactured at the same time, but also complained about the third -degree torture, threats and compulsory signatures in the hands of DCPs and ATS officers on 9 November 2006.
However, the court did not say the claim that “the magistrate’s judgment or the special judge to do dirt” and the allegations trivial.
“This is nothing more than directing the peace judges or private judges. All judicial officials, when the police were detained, the police asked whether they were ill -treatment in the hands of the police, the police represented during the period of the police, the custody of the defendants represented during the background.
Seven DCP recorded the defendant’s confession statements. However, the defendant then withdrew his statements in front of the court.
However, the court said that the defendants were not likely to “remain silent until two months after two months after two months after taking into account the nature of the alleged torture”.
The court concluded that “the statements that were thought to be recycled or because of legal advice” was satisfied with the withdrawal.
For this reason, the decision of the 2015, “retreats do not have any weight and does not affect the voluntary quality of confession expressions. The defendants will have to be given to the statements that they are not claimed to be claimed before the CMM or claim that they have confessed or tortured. he said.
Defense argued that the evidence of medical torture is only available for some and is available for all the defendants, but this will not weaken all confessions that the threat of torture would look great for all the defendants and that it would be sufficient to prevent confessions under the 24th of the Indian Law.
The chapter is about the unacceptableness of “incentives, threats or promises” confessions.
After supporting the statements of the convicts with medical records, HC, “defendants, confessing expressions, etc.. HC, witness statements made by the defendant and the defendant’s recovery has no evidence value and therefore can not be kept for conviction, he said.
On July 11, 2006, seven explosions from Mumbai local trains in various parts of Western Line killed more than 180 people.
