Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.9B of Explosives Act 1908 4 5 and 6 - Prosecution under and also under ss. 302 307 326 and 436 of !PC ss. 3 and 4 of Explosive Substance Act 1987: ss. 3 1884 324 Terrorist and Disruptive Activities (Prevention) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1987: ss. 3, 4, 5 and 6 - Prosecution under and also under ss. 302, 307, 324, 326 and 436 of !PC; ss. 3 and 4 of Explosive Substance Act, 1908; s.9B of Explosives Act, 1884; ss. !50 and 151 of Railways Act,1989 and s.4 of Prevention of Damage to Public Property Act, 1984; all rlw s. 120-B !PC - Of 16 accused- For serial bomb-blast in different trains - Case registered by CBI - Confessional statements of the accused recorded - Confessions of A-1, A-5, A-8, A-9, A-JO, A-11 and A-13 were recorded in crimes other than the present cases - A-6 since escaped from custody, his case was separated - Designated Court convicted A-1 to A-5 and A-7 to A- 16 - A-12 since was found to be a juvenile, his case was also separated - Appeal by A-1 to A-5, A-7 to A-11 and A-13 to A-16 - Held: The confessional statements of A"l, A-2, A-3, A-4, A-7, A-14, A-15 and A-16 are admissible in law - Their statements are further corroborated by the confessions of other co-accused - Therefore, the prosecution case is established against them and hence their conviction affirmed - Confessions of A-5, A-8, A-9, A-10, A-11 and A-13 cannot be relied upon as substantive pieces of evidence - As regards A-5 and A-11, even without referring to their confessions, their role in the conspiracy is fully established and hence their conviction is affirmed - The prosecution has failed to prove the involvement of A-8, A-9, A-10 and A-13 in the present cases and hence their conviction is set aside - Penal Code, 1860 - ss. 120-B, 302, 307, 324, 326 and 436 - Explosive Substance Act, 1908 - ss. 3 and 4 - Explosives Act, 1884 - s.9B - Railways Act,1989 - ss. 15 0 and 151 - Prevention of Damage to Public Property Act, 1984 - s.4.s.15 r/w Rule 15 of Terrorist and Disruptive Activities (Prevention) Rules, 1987 - Confessions under - Reliability on - Held: Confessions recorded u/s 15(1) in accordance with statutory requirements and conditions u/1; 15 is admissible against the maker: co-accused, abettor or a conspirator; subject to conditions stipulated in Proviso to s. 15(1) - Such statement can form the basis of B conviction as against the maker of such confession - But extent of reliability of such confession as against the co-accused should be treated with caution. A c D s.20A(J) - Cognizance of offence under TADA - Need for prior approval of District Superintendence of Police before recording of offence under TADA by Police - Held: The provision for prior approval is absolute imperative, in absence of which further proceedings taken under TADA would be completely invalid and of no consequence. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2016 INSC 402 |
Petitioner | Mohd. Jalees Ansari And Others |
Respondent | Central Bureau Of Investigation |
SCR | [2016] 8 S.C.R. 247 |
Judgement Date | 2016-08-11 |
Case Number | 546 |
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