State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005
record. As against such use of confession against
the maker of the confession, the confession of a co-accused is
no evidence ... confession altogether from consideration. If the
evidence dehors the confession proves the guilt of
the Appellant, the confession of the co-accused
could be used
have any effect against the confessing accused ; but as against the co-accused, a retracted confession has no weight at all : Yasin v. King-Emperor ... confession of the co-accused, it follows that it ought not to convict however many of the co-accused have confessed. I tree with
confession and, if so, whether the
confession of an accused alone is sufficient to convict an accused
person if the confession is found ... confession against the maker of his own confession, the
confession of a co-accused is no evidence at all and it cannot be
used
TADA
Act by a co-accused could be made use of against that
accused provided the co-accused is charged and tried in the
same ... confessional statement against a co-accused is
permissible when both the accused making the confessional
statement and the co-accused are facing trial after framing
co-accused; but no
such opportunity is available in law to the person, who implicates
his co-accused by making a confession.
50. The resultant ... confession altogether from consideration. If the
evidence de hors the confession proves the guilt
of the Appellant, the confession of the co-accused
could
co-accused, the
accused, who has made the confession, and the accused, whom the confession
5
implicates, are to be jointly tried, the confession ... record. As against such use of confession against the maker of the confession,
the confession of a co-accused is no evidence
evidence of their own confessions;
(ii) confessions made by other co-conspirators; (co-accused)
(iii) Deposition of Prosecution witnesses, viz., – Shri Krishan Lal Bishnoi ... co-accused:
21) The confession of the appellant (A-117) is substantiated and
corroborated with the confession of other co-accused, namely, Samir Hingora
confession. There is no
doubt that a confession made voluntarily by an accused
person can be used against the maker of the confession,
though ... co-accused person. in dealing with a criminal case where the
prosecution relies upon the confession of one accused person
against another accused person
confessing accused. Accordingly, the
provisions of the Evidence Act do not prevent
the Court from taking into consideration a
retracted confession against the confessing
accused ... making of a
number of confessions without a chance for prior
consultation between the confessing co-accused. But before
even a number of such confessions