voluntary confession
induced by nothing else but his conscience to speak the truth
and confess the crime. In deciding whether a particular
confession attracts ... against the maker. The
question has very often arisen whether a retracted confession
may form the basis of conviction if believed to be true
effect of a retracted confession, in Aloke Nath Dutta & Others v. State of West Bengal dated 12.12.2006:
CONFESSION GENERALLY:
Confession ordinarily is admissible ... 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
practice does require that
the Court seeks corroboration of the retracted
confession from other evidence. The confession
must be one inculpating the accused ... accused excluding the
confession altogether from consideration. If the
evidence de hors the confession proves the guilt
of the Appellant, the confession
practice does require that
the Court seeks corroboration of the retracted
confession from other evidence. The confession
must be one inculpating the accused ... accused excluding the
confession altogether from consideration. If the
evidence de hors the confession proves the guilt
of the Appellant, the confession
discount on the invoice amount.
35. Now coming to the retracted confession made in Ex. PW1/14,
CS No. 2461/17 Pawan Kumar Garg ... doubt.
Question here is what is the effect of retracted confession/admission? Law is
well settled with respect to retracted confession. It is settled that
appears therefore, that the
appelalnt has retracted his confession.
When an extrajudicial confession is
retracted by an accused, there is no
10
inflexible rule ... invariably
accept the retraction. But at the same time
it is unsafe for the court to rely on the
retracted confession, unless the court
The State Of H.P vs Vishal Alias Vickey & Others on 17 August, 2018
appears therefore, that the appellant has retracted his
confession. When an extra-judicial confession is retracted by an
accused, there is no inflexible rule that ... invariably accept the retraction. But at the same time it is
unsafe for the court to rely on the retracted confession, unless
11
the court
Judge can always accept and admit the confession
in evidence. However, during the trial if the accused retracts or in
his examination under Section ... this was considered necessary because the
accused has the liberty to retract the confession either at that time itself
or at the trial
judgement
that 'the confession statement influenced by threat,
duress or inducement etc. and is true one.' Confession
when retracted has to be tested ... afterthought the Noticees 2 and 3 had
retracted the same. However, mere retraction of
confessions is not sufficient to make the statement
irrelevant. In Vinod
