Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 830 - SC - Indian LawsOffences punishable under Section 8(c) read with 29, 21 and 23(c) and 27(A) of the NDPS Act - punishment for financing illicit traffic and harbouring offenders - confessional statement - HELD THAT:- We proceed on the premise that the confession is admissible. Even if it is admissible, the Court has to be satisfied that it is a voluntary statement, free from any pressure and also that the accused was apprised of his rights before recording the confession. No such material has been brought on the record of this case. It is also well settled that a confession, especially a confession recorded when the accused is in custody, is a weak piece of evidence and there must be some corroborative evidence - The confession of the co-accused, which was said to be a corroborative piece of evidence, has been discussed above and is of no material value. Therefore, other than the two confessional statements – one of the co-accused and the other of the accused, the prosecution has gathered no evidence to link the appellant with the commission of the offence. As such, without going into the legality of the admissibility of the confession, it is held that even if these confessions are admissible then also the evidence is not sufficient to convict the accused. The Trial Court and the High Court wrongly convicted the accused - appeal allowed.
|