An investigating officer cannot steps into the shoes of a trial judge.

 

72 DLR (2020) 190

 

IN Criminal Miscellaneous Case No. 46782 of 2019

Decided On: 29.08.2019

Md. Asaduzzaman

Vs.

The State

It is by now well settled proposition that confession of a co-accused cannot be resorted to under any guise as substantial evidence to convict another but may be used as a relevant fact only to lend assurance to any other evidence.

But at the investigation stage the investigation officer has no authority to adjudicate on the propriety or credibility of a statement made by an accused under Section 164 of the Code of Criminal Procedure. It has to be taken into consideration by the investigating officer as it is. It is the duty of the trial judge to examine and asses the truth, veracity and voluntariness of a statement under Section 164 of the Code of Criminal Procedure made by an accused. An investigating officer cannot steps into the shoes of a trial judge.