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1 - 10 of 11 (0.34 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 24 in The Indian Evidence Act, 1872 [Entire Act]
Section 164 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
The Indian Evidence Act, 1872
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Chattar Singh & Anr vs State Of Haryana on 26 August, 2008
19. Their Lordships of Hon'ble the Supreme Court in Chattar
Singh vs State of Haryana 2008 (4) RCR (Criminal) 133 have held that
after subjecting the evidence of the witness to a rigorous test on the
touchstone of credibility, the extra-judicial confession can be accepted and
can be the basis of a conviction if it passes the test of credibility. Their
Lordships have held as under:-
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Thimma Alias Thimma Raju vs State Of Mysore on 2 April, 1970
"33. There is no absolute rule that an extra judicial
confession can never be the basis of a conviction,
although ordinarily an extra judicial confession
should be corroborated by some other material vide
Thimma vs. The State of Mysore - AIR 1971 SC 1871,
Mulk Raj vs The State of U.P. - AIR 1959 SC 902,
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CRA-D-1157-DB-2011 12
Sivakumar vs. State by Inspector of Police - AIR 206
SC 563 (para 41 & 42), Shiva Karam Payaswami
Tewar vs. State of Maharashtra- AIR 2009 SC 1692,
Mohd. Azad vs. State of West Bengal - AIR 2009 SC
1307. In the present case, the extra judicial
confession by Balwan has been referred to in the
judgments of the learned Magistrate and the Special
Judge, and it has been corroborated by the other
material on record. We are satisfied that the
confession was voluntary and was not the result of
inducement, threat or promise as contemplated by
Section 24 of the Evidence Act."