Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1987-Sections 3(2)(1) 4 5 436 and 427 326 and 15-Penal Code 324 323 Terrorist and Disruptive Activities (Prevention) Act Sections 307 1860-Section 120-B read with Section 302 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Terrorist and Disruptive Activities (Prevention) Act, 1987-Sections 3(2)(1), 4, 5, and 15-Penal Code, 1860-Section 120-B read with Section 302, Sections 307, 326, 324, 323, 436 and 427. Charges under the TADA Act and Penal Code-Objective of enactment of TADA-To control the menace of terrorism by effectively dealing the terrorists under the Act-Confessional Statement-Admissibility of-Under TADA Act and other criminal proceedings-Recorded by the Superintendent and the above rank Police Officer is admissible under Section 15 of TADA-Not admissible in other criminal proceedings unless made before the Magistrate except to the extent permitted under Section 27 of the Evidence Act-Evidence Act, 1872-Sections 25 and 27. Confessional Statement-Voluntary-It should be made out of the free will of the maker and inspired by the sound of conscience to speak only truth-Challenge by the accused that statement is not voluntary-Burden is on the prosecution to prove that it is recorded as per the provision under TADA/Evidence Act, then accused has to prove and satisfy the Court that statement was not made voluntarily. Confessional Statement-Corroboration-Requirement of No corroboration is necessary if confessional Statement made is voluntary. Penal Code, 1860-Section 120 B: Criminal conspiracy-The essence is formation of unlawful combination and an agreement to do an illegal Act which can be proved by direct or circumstantial evidence, overt act is not essential in furtherance of conspiracy. Evidence Act, 1872: Section 114(e). Presumption-Official and Judicial act-Performing of-Official and Judicial acts have been regularly performed/being performed by persons including Police Officer by acting honestly-Presumption as to. Appreciation of evidence-Confession of co-accused-On the basis of trustworthy evidence establishing all links of circumstantial evidence, the confession of co-accused can be taken into consideration even without corroboration of evidence. Sentencing: The dastardly acts committed by the accused were diabolic in conception and cruel in execution-Any compassion for the accused would amount to misplaced and unwarranted sympathy and frustrate the purpose of TADA-Hence death sentence confirmed.Words & Phrases: 'Voluntary' in the context of 'Confession'-'Conspiracy' in the context of 'Criminal Conspiracy'. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2002 INSC 168 |
Petitioner | Devender Pal Singh |
Respondent | State N.c.t. Of Delhi And Anr. |
SCR | [2002] 2 S.C.R. 767 |
Judgement Date | 2002-03-22 |
Case Number | 993 |
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