'Kasab can't retract from his confession'

The Mumbai police's trump card is Ajmal Kasab's confessional statement.

The terrorist confessed under Section 164 of the Code of Criminal Procedure before a magistrate last week.

Leading advocates told rediff.com that there is no way an accused can retract from a statement made under Section 164 of the CrPC.

Kasab's statement before the magistrate was similar to the confessional statement he made before the police two weeks after the Mumbai attacks.

He explained in detail the 26/11 terror operation and also stated how the Lashkar-e-Tayiba planned the attacks.

H S Chandramouli, a former public prosecutor in Karnataka, said a confessional statement made before a magistrate plays a key role during a trial.

"When an accused makes a confessional statement, then he is made aware that the same can be used as evidence against him in a court of law during the trial," he said.

"In case an accused retracts his statement at the time of the trial, then not only will the case against him become weak, but the accused can be hauled up for perjury as well," he said.

If the prosecution has a confessional statement, then it will be reiterated before the court when the trial commences.

The magistrate, before whom the statement was made, will convince the court of sessions that the statement was made in his presence and that the individual did not do so under duress.

However, the Mumbai police cannot seek a conviction only on the basis of such a statement made under Section 164 of the CrPC. The only advantage that the police has is that the accused cannot divert from the statement. The confession will, however, be subject to judicial scrutiny; only then can it be used at the time of the trial.