further argued that the question of admissibility of the
retracted confession and its evidentiary value have also been taken
note of by this Court ... retracted confession
is a weak type of evidence. The learned counsel argued that in the
present case apart from the retracted confession
State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005
Aloke Nath Dutta & Ors vs State Of West Bengal on 12 December, 2006
Equivalent
accused excluding the confession altogether from
consideration. If the evidence do hors the confession proves
the guilt of the appellant, the confession ... confession of the co-
accused at the trial. As regards the confession of the
accused and corroboration to the retracted confession, in
Girdhari Lal Gupta
have the retracted confessions of A-l and A-2 and we shall examine at a later stage whether the retracted confessions as corroborated ... which is corroborated by other evidence independently apart form the retracted confession of A-l and A-2. While extracting
retracted statement/confession could not be relied
upon in order to convict the appellant. Furthermore,
there was no independent evidence to corroborate the
retracted confession ... confession as well as for its
retraction, and must weigh the two, to determine
whether the retraction affects the voluntary nature
of the confession
attached to a
retracted confession, however, would depend
upon the circumstances of each particular
case. Although a retracted confession is
admissible against a co-accused ... verdict.
In this connection the question of retraction must also be
considered. A retracted confession must be looked upon with
greater concern unless the, reasons
question is whether there is
corroboration of the confession since it has been
retracted. A confession of a crime by a person,
who has perpetrated ... practice that it is unsafe to rely
upon a confession, much less on a retracted
confession, unless the Court is satisfied that the
retracted confession
further submission is that the
other item of evidence namely the retracted confessions
cannot be relied upon since they do not appear to be true ... have the retracted confessions of A- 1 and A-2 and we
shall examine at a later stage whether the retracted
confessions as corroborated
case were that the prosecution wanted to corroborate one retracted confession by another retracted confession, and it was held that this could not be allowed ... does not want us to corroborate the retracted confession of one accused by the retracted confession of the other. What we are asked
