Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Approver Corroboration of Criminal Trial Retracted confessions of co-accused When can be used as corroboration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Trial— Approver—Corroboration of-- Retracted confessions of co-accused—When can be used as corroboration.The appellants were convicted of murder. The substantial evidence on which the conviction rested was the evidence of an approver and the confessions of two co- accused. Held, that the conviction of the appellants could not be sustained. Though there is no bar for a conviction being based upon the evidence of an approver alone, as a matter of prudence the courts always require that such evidence should be corroborated in material particulars. The need for corroboration is all the greater in a case like the present where the approver, apart from being of bad character, could not be said to be a man of truth since he had resiled from his confession before the Committing Court. The retracted confessions of the co-accused in the present case could not be safely relied upon for corroborating the approver. The confession of an accomplice which cannot be tested by cross-examination is a very weak type of evidence. Even if some weight could be attached to confessions when made by two or more accomplices independently of each other implicating a particular accused the confessions in the present case were not such as could be taken as good corroboration of the approver. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1962 INSC 172 |
Petitioner | Chinna Gowda |
Respondent | State Of Mysore |
SCR | [1963] 2 S.C.R. 517 |
Judgement Date | 1962-04-27 |
Case Number | 172 |
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