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corroborating evidence as well as by retracted judicial
confessions made by A-1 and A-2 and the necessary
corroborating ... that the
other item of evidence namely the retracted confessions
cannot be relied upon since they do not appear
Supreme Court of India
Supreme Court of India
State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru
Supreme Court of India
statement before the Custom authorities
and the retracted confession of B.
In appeal to this Court, it was contended that ... prevent
the Court from taking into consideration a
retracted confession against the confessing
accused and his co-accused
Supreme Court of India
Besides the evidence of the approver, we have the retracted
confessions of Nazir and Idu implicating not only themselves ... concerned but
as against himself also. Idu's retracted confession, if found to be
voluntary and admissible in evidence
Allahabad High Court
Criminal law-Retracted confession-Corroboration, requirement
of--Question by recording magistrate-If an inducement.
HEADNOTE:
The appellant was charged with ... further, that there can be no absolute rule that
retracted confession cannot be acted upon unless it is
corroborated materially
Supreme Court of India
SC1883 (120)
ACT:
Criminal Law--Evidence--Retracted confession of co-accused-
Evidentiary value--Necessity of corroboration--Indian
Evidence ... Session. It was contended
for the appellant that a retracted confession of an accused
cannot be used against
Supreme Court of India
highest sense of guilt.
(vi) Judicial confession might have been retracted, but the learned Trial
Judge and the High Court ... independent witnesses.
(vii) Appellant Mrinal Dutta having retracted his confession only at a
much later stage without specifying any reason
Supreme Court of India
Furthermore,
there was no independent evidence to corroborate the
retracted confession, which fact had weighed with
the trial court ... that in
the absence of other corroborating evidence the
retracted confession had been wrongly relied upon by
the High Court
Supreme Court of India
offence. On proof of those facts, the
retracted confession could be used as evidence corroborative
to satisfy the conscience ... promise. The conviction on the basis of the
retracted confession was upheld. The question then is:
whether by reason
Supreme Court of India
relied upon by the prosecution is the retracted confession of
the appellant recorded under Section ... Court should have assurance from all angles
that the retracted confession was, in fact, voluntary and it
must have been
Supreme Court of India
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