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2014 (10) TMI 881 - HC - CustomsSeeking grant of leave - Arrangement of illegal import of Polyester Yarn from Nepal - Confessional statement recorded but respondent retracted at the time of examination - Held that:- there is no valid and legal retraction by the Respondent in the present case. As per various case laws, a retracted confession could be used as a corroborative piece of evidence but cannot form the sole basis for returning a finding of guilt. There can be conviction only if there is an independent corroboration of the retracted statement. Also where the confessional statement was retracted, the burden shifted on the prosecution to prove that it was made voluntarily. It was pointed out that the confessional statement made by the accused while in custody was weak in nature. Also the witnesses who implicated the Respondent were not produced for cross-examination. Therefore, no grounds have been made out for grant of leave to appeal. - Decided against the department
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