'Conviction can't be based solely on extra judicial confession if not duly proved'

The apex court set aside the July 2016 judgement of the Madras High Court which had confirmed the verdict of a trial court convicting and awarding life term to five persons in a murder case. 

MP | 4 Nov 2022 | New Delhi: The Supreme Court on Thursday said when an extra-judicial confession is not duly proved or corroborated by any other reliable evidence, the conviction could not be based solely on such "weak piece" of evidence. 

The apex court set aside the July 2016 judgement of the Madras High Court which had confirmed the verdict of a trial court convicting and awarding life term to five persons in a murder case. 

A bench of Chief Justice Uday Umesh Lalit and Justice Bela M Trivedi noted in its judgement that heavy reliance was placed by the prosecution on alleged extra-judicial confession made by one of the accused through a letter addressed to one of the prosecution witnesses in the case. 

It observed that the high court had refused to rely upon the alleged extra-judicial confession on the ground that neither the handwriting expert was examined nor any of his opinion was proved by the prosecution. 

"It cannot be gainsaid that when the extra-judicial confession is not duly proved, or does not inspire confidence or is not corroborated by any other reliable evidence, the conviction could not be based solely on such weak piece of evidence," the bench said. 

According to the prosecution, in July 2007, the accused had conspired and planned to commit dacoity of an Ambassador car and commit murder of the driver of the vehicle. It was alleged that man was murdered by the accused and they buried his body in a pit. 

The car was sold by the accused and they shared the sale proceeds of the vehicle, the police had claimed. The investigating officer had filed charge sheet in the case against the five accused and they were later convicted and sentenced by a trial court in Coimbatore. 

In its verdict, the apex court noted it may be stated that the entire case of prosecution rested on the circumstantial evidence and the law with regard to the appreciation of evidence when the case hinges on circumstantial evidence is very well-settled. 

http://www.millenniumpost.in/nation/conviction-cant-be-based-solely-on-extra-judicial-confession-if-not-duly-proved-498019