Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Trial Retracted confession Corroboration sufficiency |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Trial— Retracted confession— Corroboration— sufficiency.The appellants were convicted under s. 302 Indian Penal Code and also s. 377 and s. 395 of the Indian Penal Code. The Trial Court and the High Court had based the convictions on the retracted confessions of each of the first three appellants supported by other circumstances in evidence and circumstantial and other evidence in the case of the fourth appellant. On special leave it was contended that the confessions of the first three appellants were not voluntary and even if voluntarily they were not sufficiently corroborated by other circumstances and that the conviction of the fourth appellant was not based on sufficient evidence.Held, that what is sufficient corroboration for this purpose has to be decided in each case on its own facts and circumstances. It may, however, be generally stated that where the prosecution by the production of reliable evidence which is independent of the confession and which is also not tainted evidence like the evidence of an accomplice or the evidence of a co-accused, establishes the truth of certain parts of the account given in the confession and these parts are so integrally connected with other parts of the accused’s confession, that a prudent judge of facts would think it reasonable to believe, in view of the established truth of these parts, that what the accused has stated in the confession as regards his own participation in the crime is also true, that insufficient corroboration. More than this is not needed; less than this is ordinarily insufficient- cient. . Held, further, that in the case of the first three appellants there was sufficient corroboration and that there was sufficient evidence in the case of the fourth appellant. |
Judge | Hon'ble Mr. Justice K.C. Das Gupta |
Neutral Citation | 1962 INSC 200 |
Petitioner | Nand Kumar & Others |
Respondent | State Of Rajasthan |
SCR | [1963] 2 S.C.R. 890 |
Judgement Date | 1962-05-03 |
Case Number | 181 |
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