SC says sturdy proof required to corroborate extra-judicial confession

By PTI

NEW DELHI: Extra-judicial confession is a weak piece of proof that requires sturdy proof to corroborate it, the Supreme Court has stated whereas acquitting a person in a 2007 homicide case.

A bench of Justices BR Gavai and Vikram Nath stated it have to be established that extra-judicial confession was utterly voluntary and truthful.

“Extra-judicial confession is a weak piece of evidence and especially when it has been retracted during trial. It requires strong evidence to corroborate it and also it must be established that it was completely voluntary and truthful. In view of the discussion made above, we do not find any corroborating evidence to support the extra-judicial confession, rather the evidence led by the prosecution is inconsistent with the same,” the bench stated.

The prime court docket was listening to a plea filed by homicide accused Indrajit Das difficult the order of the Tripura High Court.

The excessive court docket had dismissed the enchantment filed by Das whereas confirming the conviction recorded by the trial court docket underneath Section 302/34 (homicide and customary intention) of the Indian Penal Code and 201 (Causing disappearance of proof) of IPC whereby he was awarded imprisonment for all times and allied sentences to run concurrently. Advocate Madhumita Bhattacharjee appeared for the accused.

According to the police, Das together with a juvenile confessed earlier than them that they’d gone to the Fatikroy and Kanchanbari space in North Tripura district on the bike of the deceased Kaushik Sarkar.

While Sarkar was sitting on the motorbike, each the accused assaulted him with an enormous knife and threw his helmet, purse and two knives into the close by jungle and dragged the physique and the motorbike to a close-by river and threw them into it, in response to the police.

The prime court docket stated within the case of circumstantial proof, the motive has an necessary function to play.

“Motive may also have a role to play even in a case of direct evidence but it carries much greater importance in a case of circumstantial evidence than a case of direct evidence. It is an important link in the chain of circumstances,” it stated.

The apex court docket stated your entire case of the prosecution proceeds on the presumption that Sarkar has died.

“The precept of corpus delicti (physique of the crime) has judgments on either side stating that conviction will be recorded within the absence of the restoration of the corpus and the opposite view that no conviction could possibly be recorded within the absence of restoration of the corpus.

“The later view is for the reason that if subsequently, the corpus appears as alive, someone may have been convicted and sentenced and suffered incarceration for no crime committed by him,” it stated.

NEW DELHI: Extra-judicial confession is a weak piece of proof that requires sturdy proof to corroborate it, the Supreme Court has stated whereas acquitting a person in a 2007 homicide case.

A bench of Justices BR Gavai and Vikram Nath stated it have to be established that extra-judicial confession was utterly voluntary and truthful.

“Extra-judicial confession is a weak piece of evidence and especially when it has been retracted during trial. It requires strong evidence to corroborate it and also it must be established that it was completely voluntary and truthful. In view of the discussion made above, we do not find any corroborating evidence to support the extra-judicial confession, rather the evidence led by the prosecution is inconsistent with the same,” the bench stated.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

The prime court docket was listening to a plea filed by homicide accused Indrajit Das difficult the order of the Tripura High Court.

The excessive court docket had dismissed the enchantment filed by Das whereas confirming the conviction recorded by the trial court docket underneath Section 302/34 (homicide and customary intention) of the Indian Penal Code and 201 (Causing disappearance of proof) of IPC whereby he was awarded imprisonment for all times and allied sentences to run concurrently. Advocate Madhumita Bhattacharjee appeared for the accused.

According to the police, Das together with a juvenile confessed earlier than them that they’d gone to the Fatikroy and Kanchanbari space in North Tripura district on the bike of the deceased Kaushik Sarkar.

While Sarkar was sitting on the motorbike, each the accused assaulted him with an enormous knife and threw his helmet, purse and two knives into the close by jungle and dragged the physique and the motorbike to a close-by river and threw them into it, in response to the police.

The prime court docket stated within the case of circumstantial proof, the motive has an necessary function to play.

“Motive may also have a role to play even in a case of direct evidence but it carries much greater importance in a case of circumstantial evidence than a case of direct evidence. It is an important link in the chain of circumstances,” it stated.

The apex court docket stated your entire case of the prosecution proceeds on the presumption that Sarkar has died.

“The precept of corpus delicti (physique of the crime) has judgments on either side stating that conviction will be recorded within the absence of the restoration of the corpus and the opposite view that no conviction could possibly be recorded within the absence of restoration of the corpus.

“The later view is for the reason that if subsequently, the corpus appears as alive, someone may have been convicted and sentenced and suffered incarceration for no crime committed by him,” it stated.