| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Section 120B and Section 124 of IPC Terrorist And Disruptive Activities (Prevention) Act 1987 Criminal conspiracy Confessional statement |
| 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(2), 3(3), 4(1), 5 and 15 - Criminal conspiracy - Accused allegedly manufactured explosive bombs and caused blast of the rails of a bridge - Confessional statement of A1 - Conviction of A 1 and A2 - Sustainability - Held: Confessional statement of A1 was a major piece of evidence against him - Evidence of PW-13 and PW-32 provided necessary independent corroboration to the confessional statement of A 1 - Incriminating wall posters found at the scene of offence bore handwriting of A 1 which was a clinching circumstance and established his guilt - However, prosecution not able to establish case against A2 beyond reasonable doubt - Conviction of A1 confirmed while A2 acquitted - Penal Code, 1860 - s.1208 and 124 - Explosive Substances Act- ss.3 and 5- Railways Act, 1989- s.150- Prevention of Damage to Public Property Act - s.3 rlw s.4Terrorist and Disruptive Activities (Prevention) Act, 1987 - s. 15 - Confessional statement under - Retracted confessional statement - Evidentiary value of - Held: Retraction does not always dilute or reduce or wipe out the evidentiary value of a confessional statement - In each case, the court will have to examine whether the confession was voluntary and true and whether the retraction was an afterthought - Evidence - Confession.Evidence - Witness - Hostile witness - Appreciation of - Held: Evidence of a hostile witness need not be completely discarded - Prosecution can use that part of his evidence which is corroborated by other evidence on record. |
| Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
| Neutral Citation | 2014 INSC 264 |
| Petitioner | Periyasami S/o. Duraisami Novanagar |
| Respondent | State Represented Through The Inspector Of Police, 'Q' Branch Cid, Tiruchirappalli, Tamil Nadu |
| SCR | [2014] 11 S.C.R. 483 |
| Judgement Date | 2014-04-11 |
| Case Number | 1272 |
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