Section 302 (b) of the Oaths Act (X of 1873), definitions of sections 5 and 6, which recorded the confessional statement of the co-accused, the magistrate, in his cross-examination before the trial court, admitted that he had previously sworn to the co-accused. And then registered it. The confessional statement cannot be relied upon for a criminal confession which was recorded after taking an oath which is a violation of established practice and such a confession statement was admissible against the provisions of Sections 5 and 6 of the Oaths Act 1973. The suspect was allegedly suspected of recovering the crime weapon because the alleged recovery adviser had a deep connection with the latter, who further admitted that such consultants had been produced in the police station.
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