Disclosure statement made by the accused has to be recorded in the same language as spoken by him

2023 KHC Online 9276
Kerala Hi court
Sanath Roy V State of Kerala
11 October 2023
Crl. A. No. 511 of 2019

*S.27 Recovery - When accused, who has been in jail as undertrial prisoner for long enough, knows Malayalam ---- what is to be seen is whether the accused was proficient in Malayalam at the time when he made the alleged disclosures --- Para 9*
*S.27 Recovery ---- Disclosure statement made by the accused has to be recorded in the same language as spoken by him --- Otherwise, translator has to be examined in the proceedings in such case --- in the absence of both these, confession statement is inadmissible - Para 9*
*S.27 Recovery --- merely because the disclosure made by the accused is translated from one language to another language and recorded in a third language, it cannot be contended that it is not admissible in evidence, if the translator comes forward and gives evidence in the case --- Para 9*