retracted confession
is a weak type of evidence. The learned counsel argued that in the
present case apart from the retracted confession ... prima facie case against the accused and (B) the
evidentiary value of retracted confession ; have been considered by
the High Court as well
basis of judicial confession made by Mrinal Dutta which has since
been retracted and was thus of weak evidentiary value, especially
when there ... whether such confession has been retracted or not. No suggestion had been
given to the witnesses that confession had not been made. No circumstances
supra, the same principle in regard to
the evidentiary value of retracted confession has been
reiterated. Subba Rao, J. speaking for a four Judge Bench ... rely
upon a confession, much less on a retracted
confession, unless the Court is satisfied that the
retracted confession is true and voluntarily made
prima facie case against the accused and (B)
the evidentiary value of retracted confession ;
have been considered by the High Court as
well ... clear that that
court took into consideration the evidentiary
value of the retracted confession and the
existence of prima facie case. Therefore, in our
opinion
State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005
Shankar @ Gauri Shankar And Ors. vs State Of Tamil Nadu on 4 April, 1994
Equivalent
question of confessions and retracted
confessions in some detail. Referring to
confessions in general, this Court made a
distinction between confession and admission.
It observed ... Evidence Act.
However, while examining the evidentiary value of a
retracted confession against the confessor, the
learned Judges had occasion to consider three
previous decisions
confession of a co-
accused cannot -also be held to be sufficient corroboration;
fourthly as these confessions, were later retracted their
probative value ... attached to a
retracted confession, however, would depend
upon the circumstances of each particular
case. Although a retracted confession is
admissible against a co-accused
Shankar vs State Of T.N on 4 April, 1994
Equivalent citations: 1994 SCC (4
The State Of H.P vs Vishal Alias Vickey & Others on 17 August, 2018
