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1 - 10 of 11 (0.22 seconds)Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
G. Sahadevan Nair vs The Government Of Tamil Nadu on 24 March, 2008
21] Taking into consideration the evidence of aforesaid witnesses in
its entirety, it reveals that circumstance of extra-judicial confession brought
on record appear improbable and inappreciable one. The evidence of these
star witnesses of the prosecution do not inspire confidence and not free from
blemish. The prosecution witnesses did not disclose about the confessional
statement of the accused at the earliest to the police in the FIR or during
the course of investigation. The conduct and demeanour of PW-8 Balika @
Hema appears suspicious and not reliable to act upon her version to draw
adverse inference against the accused. Their Lordships of Honourable Apex
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{16}
criapl 213.13.odt
Court, in the matter of, Sahadevan Vs. State of Tamil Nadu reported in
(2012) 6 SCC 403, described the principles in respect of evidentiary value
and reliability of extra-judicial confession. In para.16, it has been observed
as under :-
State Of Goa vs Sanjay Thakran And Anr on 2 March, 2007
15] We may also refer State of Goa Vs. Sanjay Thakaran,
reported in (2007) 3 SCC 755, wherein, the Honourable Apex Court
described that in the absence of any other corroborative piece of evidence
to complete the chain of circumstances, it is not possible to fasten the guilt
on the accused on the solitary circumstance of the two being seen together.
Mohibur Rahman And Anr. vs State Of Assam on 21 August, 2002
In Mohibur Rahman Vs. State of Assam,
reported in (2002) 6 SCC 715, their Lordships of the Apex Court delinated
that the circumstance of last seen together does not by itself necessarily
lead to inference that it was the accused who committed crime. It depends
upon the facts of each case.
The Indian Penal Code, 1860
Godabarish Mishra vs Kuntala Mishra And Another on 24 October, 1996
14] In the case of Godabarish Mishra Vs. Kuntala Mishra
reported in (1996)11 SCC 264, the Apex Court in para.11 held that, the
theory of last seen together is not of universal application and may not
otherwise sufficient to sustain conviction unless supported by other ring in
the chain of circumstances.