VASAM SETTI APPA RAO Vs. STATE OF TAMIL NADU
HIGH COURT OF MADRAS
VASAM SETTI APPA RAO
STATE OF TAMIL NADU
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Ramaswami, J. -
(1.) In this batch of revision petitions two points of law are taken viz., that an incriminating statement made by the person later on charged as an accused to a Prohibition Officer would be a confession made to a police officer within the meaning of Section 25, Evidence Act; and secondly, that such a confessional statement must be corroborated, and that failing which there would be no validly acceptable evidence for convicting the accused.
(2.) Both these points taken must fail because it has been held that a Prohibition Sub-Inspector under the Madras Prohibition Act is not a police officer in the decisions in -- 'Venkatareddi In re', AIR 1948 Mad 116 (A) and it has been followed by Fanchapakesa Aiyar J. in --'Vadivel Goundar In re'.
(3.) In regard to the second point inasmuch as the statement to a Prohibition Officer is not a confessional statement, the ruling relating to the corroboration of a resiled confessional statement does not apply to this case. But apart from that, there is material corroboration as a matter of fact in all these cases.;
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