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Supreme Court of India 2019-04-24 allowed

Dipakbhai Jagdishchandra Patel vs State of Gujarat and Another

Bench: 2 — K.M. Joseph

In Brief

The appellant was accused of dealing in counterfeit currency (Sections 489B and 489C, IPC) based primarily on a confession by a co-accused who was absconding, and a statement made by the appellant to police. The High Court rejected his discharge petition. The Supreme Court allowed the appeal, holding that: (1) the appellant's police statement is inadmissible under Section 25 (confession to police) and Section 162 (statement during investigation); (2) the co-accused's confession alone cannot support framing charges without corroborating material; (3) no counterfeit currency was recovered from the appellant's residence; and (4) without other admissible evidence, no prima facie case exists. The appellant was discharged and freed from prosecution.

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Criminal Law Evidence Counterfeit Currency Confessions and Admissions Criminal Procedure

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