further argued that the question of admissibility of the
retracted confession and its evidentiary value have also been taken
note of by this Court ... that the courts below while considering the evidentiary
value of the retracted confession in the earlier bail applications did not
really appreciate the true legal
State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005
voluntary confession deserves due credit as it is
presumed to flow from the highest sense of guilt.
(vi) Judicial confession might have been retracted ... materials produced by independent witnesses.
(vii) Appellant Mrinal Dutta having retracted his confession only at a
much later stage without specifying any reason therefor
accused excluding the confession altogether from
consideration. If the evidence do hors the confession proves
the guilt of the appellant, the confession ... between the
confession of an accused and uses of a confession of the co-
accused at the trial. As regards the confession of the
accused
actual murder of D-l, we have the retracted confessions of A-l and A-2 and we shall examine at a later stage whether ... retracted confessions as corroborated by other evidence sufficiently establish the prosecution case regarding the murder of D-l.
22. Now we shall consider the important
NDPS Act the
appellant had retracted such statement and in the
absence of corroborative evidence, the said
retracted statement/confession could not be relied
upon ... confessions and retracted
confessions in some detail. Referring to
confessions in general, this Court made a
distinction between confession and admission.
It observed that
retraction, and must weigh the two to
determine whether the retraction affects the voluntary nature of the
confession or not. If the court is satisfied ... that the retraction was an after thought and
that the earlier statement was true."
18. The legal position on retracted confession was clarified
find a confession and to find
it retracted later. A court may take into account the
retracted confession, but it must look for the reasons ... confession of a co-accused, be it extra
judicial confession or a judicial confession and least of all on the basis of
retracted confession
conviction, the confession could be referred to as
lending some assurance to the verdict. The fact that the
confession was later retracted would make ... 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
CITATION:
1958 AIR 66 1958 SCR 428
ACT:
Criminal law-Retracted confession-Corroboration, requirement
of--Question by recording magistrate-If an inducement.
HEADNOTE:
The appellant ... that the confession. in untrue.
The next question is whether there is corroboration of the
confession since it has been retracted. A confession
