हिंदी

Factual Situation: Rahul and Amit Are Good Students. They Are Room Partners. Amit Becomes Friendly with Sunit Who is a Drug Addict.

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प्रश्न

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Principle: A confession made in the court should be free and voluntary. A confession made under pressure is a weak type of evidence.

Factual Situation: Rahul and Amit are good students. They are room partners. Amit becomes friendly with Sunit who is a drug addict. Amit also starts consuming drugs. One day, Amit does not have money to buy drugs. He steals an imported watch of Rahul. Rahul complains to the police. Amit is arrested. In the lock-up, the police tell Amit that, if he confesses he may be released, Amit, confesses in the court. Decision

विकल्प

  • Amit is likely to be punished because he confessed in the court and told the truth

  • Amit cannot be punished because he confessed under the influence of the police

  • Amit cannot be punished because no one had seen him stealing Rahul's watch

  • None of the above

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उत्तर

Amit cannot be punished because he confessed under the influence of the police

Explanation:

"Amit cannot be punished because he confessed under the influence of the police" is correct. The confession made under pressure is weak evidence as is referred in the ruling principle it holds good here as Amit in the given situation confessed under the pressure of false words of the police who said that he may be released if he confesses whereas the truth of the matter is that his punishment could be reduced and not totally relinquished.  
"Amit is likely to be punished because he confessed in the court and told the truth" is incorrect. As explained above.  
"Amit cannot be punished because no one had seen him stealing Rahul's watch" is incorrect. As crime proved in a court of law will be upheld whether or not seen by anyone.  
"None of the above" is inapplicable. 

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Criminal Law
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