Highlighting the evidentiary value and the circumstances under which extra-judicial confessions can be accepted, the Supreme Court recently acquitted a man who was convicted of double murders under Section 302 of the Indian Penal Code.
“Hence, the prosecution’s case about extra¬judicial confession does not inspire confidence at all. Moreover, there are no other circumstances brought on record which could support or corroborate the prosecution case. Therefore, in our considered view, the evidence in form of the extra-judicial confession of the appellant deserves to be discarded. Admittedly, there is no other evidence against the appellant”, a Bench of Justices Abhay S Oka and Rajesh Bindal observed,
The allegation against the appellant was that he had murdered two boys, who were reported to be missing, in association with others. The appellant was charged for offences under Section 302 read with Section 34 of IPC and was sentenced to undergo life imprisonment. The High Court confirmed the conviction of the appellant, whereas the remaining four accused were acquitted. The conviction of the appellant was based on the extra¬judicial confession.