more so,
when such a confession is retracted, the conviction cannot be based
on such retracted judicial confession.
(vii) Noncompliance of Section ... Supreme Court has held that in case, the
accused has retracted the confession then there should be some
evidence on record to corroborate the allegations
prohibition
under the Evidence Act to rely upon the retracted
confession to prove the prosecution case or to make
the same basis for conviction ... whether there are any other facts and circumstances
to corroborate the retracted confession. It is not
necessary that there should be corroboration from
independent evidence
where a reasonable
explanation is tendered and had observed that a retracted confession
cannot form the basis of a conviction. The Court had dealt with ... Section 25 . At the same time, the position
of a retracted confession is also well settled :- without any
independent corroboration it cannot sustain a conviction
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, the
court
Smt.Sohbatti vs State Of U.P. on 24 February, 2020
Equivalent citations: AIRONLINE 2020
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, the
court
also Ext.D2,
the retracted confession of the appellant. The lower
court has entered into a finding that Exts.P3 to P5
statements ... made by the lower court to
catch up Ext.D2 retracted confessions to plug the
appellant with criminal liability is an erroneous
approach
Bail Appln.307/2019 Page 7 of 14
matter, apart from retracted confession of accused persons, there is no
material or evidence against the petitioner ... person cannot be convicted on
the basis of a retracted confession. Moreover, present case is of a control
delivery, which has not been undertaken
Section 25 . At the
same time, the position of a retracted confession is also well settled:-
without any independent corroboration it cannot sustain a conviction ... retracted confession may form basis of conviction without
corroboration if it is found to be perfectly voluntary, true and
trustworthy. The Court is duty bound
Section 25 . At the
same time, the position of a retracted confession is also well settled :-
without any independent corroboration it cannot sustain a conviction ... retracted confession may form basis of conviction without
corroboration if it is found to be perfectly voluntary, true and
trustworthy. The Court is duty bound
