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Jagroop Singh vs State Of Punjab on 20 July, 2012

In the case of Jagroop Singh (supra) citied by the learned GA, the Supreme Court has reiterated the settled position of law that extra-judicial confession, if true and voluntarily, can be relied upon by the court to convict the accused for the commission of the crime alleged. As has been pointed out, the accused/appellant in this case had appeared before a meeting of the family members which included the complainant, the survivor, the brother of the complainant, the father-in-law of the accused/appellant as well as the mother-in- law of the accused/appellant, wherein in their respective deposition before the court as prosecution witnesses, has stated that the accused/appellant had confessed to have committed the offence, though PW-5, the brother of the complainant, in his evidence has stated that the accused/appellant has stated in the meeting that he has committed a mistake by rapping the minor girl as he was 19 2026:MLHC:426-DB drunk. In cross-examination, when confronted, this witness has reiterated whatever he has stated in his chief as far as this assertion is concerned. Similarly, PW-6 the father-in-law of the accused/appellant, in his deposition, has stated that "...After that the clan members enquired from the accused but they did not force him nor threatened him and the accused admitted by saying that "please forgive me as I have made a mistake...".
Supreme Court of India Cites 32 - Cited by 85 - D Misra - Full Document

Phool Singh vs The State Of Madhya Pradesh on 1 December, 2021

In this connection, the case of Phool Singh v. State of MP (2022) 2 SCC, 74, para 8, relied upon by the learned GA would be relevant as in a very elaborate manner, the Hon'ble Supreme Court has spelt out how the sole testimony of a witness and under what circumstances could be relied upon by the court, particularly that of a survivor of sexual assault. In this respect, it would be, but proper for this Court to reproduce the said para as under:
Supreme Court of India Cites 21 - Cited by 154 - M R Shah - Full Document
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