AIR 1954 JAMMU AND KASHMIR 1

Jammu And Kashmir High Court

Hon'ble Judge(s): Janki Nath Wazir , C.J. AND M. A. Shahmiri , J

(A) Evidence Act (1 of 1872) , S.24— Value of retracted confession. Criminal P.C. (5 of 1898) , S.164— It is not illegal to found a conviction on a retracted confession, provided it can be held to be voluntary and true. But the rule of prudence and caution which has been invariably followed by the Court in this respect is that a retracted confession is not better than tainted evidence and it should not be accepted, unless it is corroborated by credible independent evidence.(Para 8) Anno : Evi. Act, S. 24, N. 9; Cr. P.C., S. 164, N. 18. (B) Evidence Act (1 of 1872) , S.24— Extra-judicial confession, value of. In ordinary circumstances extra-judicial confessions are not entitled to weight because it is impossible to ascertain the exact words used by the accused in such cases. Where not only it is not possible to find out what exact words were used by the accused in the extra-judicial confession but also there is definite conflict between the statements of witnesses proving the extra-judicial confession as regards the perpetrator of the crime the extra-judicial confession must be altogether discarded. In any case it cannot be described as credible independent evidence which can be deemed sufficient for the purpose o....