Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860- ss.302 and 376- Rape followed by murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860- ss.302 and 376- Rape followed by murder- Conviction of appellants (A-1 and A-2) u/ss.376, 302 by trial court - High Court affirmed conviction of A-1 for both rape and murder but held A-2 guilty of rape only and not murder - On appeal, held: A-1 and A-2 committed rape on the victim one after the other whereafter A-1 throttled the neck of the deceased with his hands resulting in her death which act was questioned by A-2 - In the circumstances, even though A-2 committed rape on the victim and was convicted for the same, he was rightly acquitted by the High Court of the offence of murder- Insofar as A-1 was concerned, he was insulted by the deceased when he attempted to develop intimacy with her whereupon A-1 got angry and conspired with his friend and committed not only rape on her, but also murdered her - Although, there was no eye-witness to the incident, confessional statement of the accused fully corroborated circumstantial evidence as the post-mortem report revealed that deceased had died of strangulation which matched with the confessional statement of A-1 - Sexual assault of rape was also established from the post-mortem report - Evidence of PW-10 and PW-13, the then Village Administrative Officers before whom A-1 and 2 gave their extra-judicial confessions, clearly unveiled the case of the prosecution and this evidence was further corroborated - PW- 11 and PW-14 even though treated as hostile, not able to establish that the extra-judicial confessions had not been recorded in their presence - Merely because one of the witnesses to the confessional statement did not support the confession in its entirety, the entire confession cannot be brushed aside as unreliable even though independent witness like the Village Administrative Officer had supported the recording of conviction - In addition, recovery memos from A-1 and A-2 clearly established the charges leveled against them - Conviction of appellants not based merely on confessional statement but also on other substantial evidence relied upon by the prosecution - No infirmity in the judgment of High Court holding the appellants guilty. Evidence - Confession - Extra judicial confession - Reliability of- Held: An extra-judicial confession can be relied upon only if the same is voluntary and true and made in a fit state of mind - But it is not open to any court to start with the presumption that extra-judicial confession is insufficient to convict the accused even though it is supported by the other circumstantial evidence and corroborated by independent witness which was the position in the instant case - If evidence relating to extra-judicial confession is found credible after being tested on the touchstone of credibility and acceptability, it can solely form the basis of conviction. |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 329 |
Petitioner | Baskaran & Anr. |
Respondent | State Of Tamil Nadu |
SCR | [2014] 5 S.C.R. 824 |
Judgement Date | 2014-04-25 |
Case Number | 121 |
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