Nathu V. State of U.P., 1956 SC 56

It appears to us that the prolonged custody immediately preceding the making of confession is sufficient, unless it is properly explained, to stamp Exhibit P-15, as involuntary. P.W. 33 made no attempt to explain this unusual circumstance. It is true that with reference to this matter the appellant made various suggestions in the cross examination of P.W. 33, such as that he was given 'bhang and liquor, or shown pictures or promised to be made an approver, as they have been rejected and rightly as unfounded. But that does not relieve the prosecution from its duty of positively establishing that the confession was voluntary, and for that purpose, it was necessary to prove the circumstances under which this unusual step was taken.