Rajasthan Hon‟ble Apex Court
has held as follows:-
"A retracted confession may form the legal basis of a
conviction if the court ... unsafe to rely upon a
confession, much less on a retracted confession, unless the
court is satisfied that the retracted confession is true and
voluntarily
1962
BENCH:
ACT:
Criminal Trial-Confession-Voluntariness of-Circumstances
showing confession involuntary-Duty of Magistrate recording
confession Code of Criminal Procedure ... concealing the
dead, body. The evidence against them was their retracted
confessions and the recovery of the dead body at the
instance of appellant Babu
evidence of extra-judicial confession should be accepted. When it is claimed that accused persons made confession to an undertrial in jail awaiting trial ... held that it is so well established that a retracted confession by an accused may form the basis of conviction of that accused
contention canvassed on behalf of the appellant, is that the confession was not retracted at the earliest. It was made ... accused. This was the earliest opportunity at which he could retract the confession, particularly when he was defended by an experienced counsel
Criminal Procedure Code , 1973 - S. 164 -
Confession - Recording of - Compliance with procedure
under - Principles, stated - Criminal Trial - Confession
- Confession of accused - Evidence ... more so, when such a confession
is retracted, the conviction cannot be based on
such retracted judicial confession.
(vii) Non-compliance of Section
defence plea was that of denial. Accused Nanda Kumar Singh retracted his confessional statement during the trial. The defence in cross-examination suggested ... this the trial Court has treated the confessional statement as a retracted confession. On going through the confessional statement itself and the other relevant evidence
grandfather of the deceased, they were held
inadmissible and unreliable. The confession made by
Palvinder to the magistrate, the 15th April, 1950, was
however used ... support of the charge was the confession which
Palvinder made the 15th April, 1950, and this confession,
though retracted, was corroborated this point by
independent
root of the Magistrate's jurisdiction to record the confession and renders the confession unworthy of credence. Before proceeding to the record the confessional ... course of the trial, even he is contrives subsequently to retract the confession. Besides administering the caution, warning specifically provided for in the first part
also held that:-
It is well-settled now that a retracted extra-judicial confession, though a piece of evidence on which reliance can be placed ... circumstances to connect accused with crime, conviction based solely on retracted extra-judicial confession, not proper and the accused entitled to acquittal.
15. Mr Bhaiya
court believes
the witness before whom the confession is made and is
satisfied that the confession was true and voluntarily
made, then the conviction ... time when the confession is made
and the credibility of the witnesses who speak for such
a confession. The retraction of extrajudicial confession
which
