Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence – Extra-judicial confession |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence – Extra-judicial confession – Evidentiary value of– Appellant-peon with the Bank was assigned the job of Cash Clerk– His job was to receive money from the account holders fordepositing in their Saving Bank accounts – However, he used tomake entries in their pass books but, would not account money inthe account books of the bank nor did he pass it to the cashier andthus, caused wrongful loss to the bank to the tune of Rs.38,500/- –Appellant convicted by Trial Court as also by the High Court –Plea of appellant that he did not voluntarily make any confessionstatement and the same could not have been made the basis forconviction – Held: Extra-judicial confession is a weak piece ofevidence and the Court must ensure that the same inspires confidenceand is corroborated by other prosecution evidence – If the Court issatisfied that the confession is voluntary, conviction can be basedupon the same – Mere allegation of threat or inducement is notenough – In the present case, the trial court as well as the HighCourt concurrently held that the confession statements werevoluntarily made and that the same can form the basis for conviction– No ground warranting interference with the said concurrentfindings – Conviction of the appellant u/s.13(1)(c) r/w s.13(2),1988 Act and sentence of imprisonment of two years is confirmed –Conviction u/ss.477-A and 409, IPC is also confirmed – However,since the occurrence was of the year 1992-94, considering thepassage of time and the facts and circumstances of the case, thesentence of imprisonment imposed on the appellant u/s.409, IPC isreduced from five to three years – Prevention of Corruption Act,1988 – ss.13(1)(c) read with Section 13(2) – Penal Code, 1860 –ss.409 and 477-A. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 918 |
Petitioner | Ram Lal |
Respondent | State Of Himachal Pradesh |
SCR | [2018] 12 S.C.R. 857 |
Judgement Date | 2018-10-03 |
Case Number | 576 |
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