the statement of the said witness under Section 161
of the CrPC was recorded as late as on 12th October
2013, as stated by the Investigating Officer (PW-18).
60. Hence, the statement of the witness (PW-17) on
the aspect of extra-judicial confession is full of
improvements and contradictions and hence, it is
totally unreliable. If at all, the accused appellant had
made an extra-judicial confession before the witness
on 1st October, 2013, his immediate reaction would
have been to rush to the police and divulge this fact
to the Investigating Officer (PW-16). However, he
made no such effort whatsoever.
61. In this background, the evidence of PW-17
regarding the extra-judicial confession, [which is
otherwise also a very weak piece of evidence], is
totally unreliable and unacceptable and does not lend
succour to the prosecution case.
51
Criminal Appeal No(s). 1954-1955 of 2022
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