The Calcutta Weekly Notes Dacca Reports 1952-53 to be Cited as 57 C.W.N. [5 D.R.]

For thpurposes of section 342 of the Code of Criminal Procedure it is rot sufficient to put a general question to the accused; it is the duty of the Judge to draw the attention of the accused to the specific points in the evidence arising against the accused which the Court considers vital or on which the prosection claims that the case is made out; against the accused so that he may he ab [...] This primary object of the section may be defeated if the Court in 'trying to avoid the use of the section for ;the purpose of crosexamining the cused or for filling up gaps in the case for the prosecution it goes to the oppsite extreme of evercisling excesszve restraint. [...] The conviction of the appellant rests on the judicial confession made by Amnul Hoque on the 14th July 1949 thl extra-judicial confession in the presence of the President and the Vice-Presidra; of the Union Board and the capture of the appellant and his two cousins while they were digging a grave to bury the dead body of Ali Akbar deceased. [...] The confession is thus clearly insidenissible in evidencThe next question for consid()ation is whether in the absence of the judicial confession the remaining evidence is sufficient to sustaiii the cqnvigtion Of the appellant.: -. The appellant is stated to have made an extriudicial confession in the presence of the President and the Vice-President of the Union Board at the time when th [...] When a point arises in the evience against the accused which the court considers vital it is the duty of the Judge to call the attention of the acctied to the point and to ask for an eplanation.