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Supreme Court of India
Criminal Law

No Conviction on Uncorroborated Retracted Confession; Death Sentence Commuted in Fratricide Case: Supreme Court

Published: · NyayVidhan

The Supreme Court upheld a man's conviction for murdering his brother on his own voluntary extra-judicial confession and the recovery of the body, but acquitted three co-accused whose conviction rested on a co-accused's retracted judicial confession (paras 70-71, 164). It held that "no judgment of conviction shall be passed on an uncorroborated retracted confession" (para 107), and commuted the death sentence to life imprisonment as the case was not the rarest of rare (paras 157, 162, 164).

No Conviction on Uncorroborated Retracted Confession; Death Sentence Commuted in Fratricide Case: Supreme Court

Judgment Intelligence

Other
Aloke Nath Dutta & Ors. v. State of West Bengal
Criminal Appeals Nos. 867-868 of 2005 with Criminal Appeal No. 875 of 2005; cited as 2006 (13) SCALE 467
Court
Supreme Court of India
Date of Decision
12 December 2006
Bench
Justices S.B. Sinha and Dalveer Bhandari
Relevant Acts & Sections
Indian Penal Code, 1860 — Sections 120B, 201, 302, 34; Indian Evidence Act, 1872 — Sections 24-27, 30; Code of Criminal Procedure, 1973 — Sections 164, 311, 313; Constitution of India — Articles 20(3), 21
Final Outcome

The appeals of the three co-accused were allowed and their convictions set aside, and their release was ordered; the first appellant's appeal was partly allowed and his death sentence commuted to imprisonment for life (para 164).

Key holdings

  1. A voluntary, spontaneous extra-judicial confession made before several credible witnesses can be relied on; reproduction of the exact words is not essential (paras 59-62).
  2. No conviction can rest on an uncorroborated retracted confession; corroboration must be independent, and courts must probe the reasons for retraction (paras 101, 105, 107).
  3. A co-accused's confession under Section 30 of the Evidence Act is only corroborative; without substantive evidence it cannot found a conviction (para 128).
  4. Where a public authority fails to produce a document called for, the adverse inference is drawn against it, not against the accused (paras 112-114).
  5. Where the case rests on circumstantial evidence, the death penalty ordinarily should not be imposed; the death sentence was commuted to life imprisonment (paras 157, 162, 164).

Brief Facts

The first appellant, who was trying to sell the family house in Kolkata with a co-accused impersonating his elder brother, was alleged to have killed that brother in January 1994 and hidden the body in a brick platform built in his own room (paras 4-5, 8). Confronted by his other brothers in March 1994, he confessed before them, a nephew, the intending purchaser and tenants; the skeleton was recovered at his instance (para 8). The impersonating co-accused made a judicial confession under Section 164 CrPC naming the first appellant's wife and brother-in-law, but retracted it (para 9). The Sessions Court sentenced three accused to death and the wife to life imprisonment; the High Court affirmed (paras 14, 16).

Court's Findings

Only the part of a confession leading to discovery is admissible, and the whole statement, including the manner of killing, should not have been exhibited (para 48). The first appellant's extra-judicial confession was spontaneous, made before many witnesses with no motive to lie, and was rightly relied on; Heramba Brahma does not require proof of the exact words (paras 59-62, 69-70). But he blamed only himself, and nothing showed the others agreed to murder: a conspiracy to sell the house is not a conspiracy to kill (paras 72-74). A retracted confession calls for caution in light of Articles 20(3) and 21, and the court must probe its voluntariness beyond the black letter of Section 164 (paras 88, 97-98). The trial court wrongly presumed that a jail register the authorities failed to produce could not be traced; an adverse inference runs against the authority, and the benefit of doubt goes to the accused (paras 110-114). Under Section 30 a co-accused's confession is only corroborative, "and least of all on the basis of retracted confession" can it alone found a conviction (para 128). Where guilt rests on circumstantial evidence, death ordinarily should not be imposed (para 157).

Legal Principle

A retracted confession, judicial or otherwise, cannot found a conviction without independent corroboration, and a co-accused's confession under Section 30 of the Evidence Act can only lend assurance to other substantive evidence. A voluntary extra-judicial confession proved by credible witnesses can support conviction (paras 69-70, 101, 107, 128).

Precedents Relied Upon

  1. State of Maharashtra v. Damu S/o Gopinath Shinde & Others (2000) 6 SCC 269
    Relied Upon Discussed at ¶ 48

    Only the part of a confession that leads to discovery is admissible; the whole confession should not be exhibited.

  2. Anter Singh v. State of Rajasthan (2004) 10 SCC 657
    Relied Upon Discussed at ¶ 49

    Scope of Section 27 of the Evidence Act, citing Pulukuri Kottaya: the fact discovered embraces the place and the accused's knowledge.

  3. Heramba Brahma and Another v. State of Assam AIR 1982 SC 1595
    Distinguished Discussed at ¶ 61, 62

    Rendered on its own facts (confession to a stranger in jail); not an authority that an extra-judicial confession must pass the test of reproducing the exact words.

View all precedents (27)
  1. State of Rajasthan v. Raja Ram (2003) 8 SCC 180
    Relied Upon Discussed at ¶ 63

    A voluntary, true extra-judicial confession made in a fit state of mind and proved by credible witnesses can be the basis of conviction; corroboration is a rule of prudence.

  2. Hanumant Govind Nargundkar and Another v. State of Madhya Pradesh AIR 1952 SC 343
    Relied Upon Discussed at ¶ 75

    In circumstantial cases the chain must be complete and consistent only with guilt.

  3. Sharad Birdhichand Sarda v. State of Maharashtra AIR 1984 SC 1622 = (1984) 4 SCC 116
    Relied Upon Discussed at ¶ 75

    The five conditions for conviction on circumstantial evidence; suspicion cannot take the place of proof.

  4. Kashmira Singh v. State of M.P. AIR 1952 SC 159
    Relied Upon Discussed at ¶ 76

    A particularly cruel murder calls for more than ordinary care in examining the evidence.

  5. Shankaria v. State of Rajasthan (1978) 3 SCC 435
    Relied Upon Discussed at ¶ 81

    A confession must satisfy the double test of being voluntary and true before it is acted on.

  6. Muthuswami v. State of Madras AIR 1954 SC 4
    Relied Upon Discussed at ¶ 83

    A wealth of uncorroborated detail in a confession is no safeguard of truth unless its main features are shown to be true.

  7. Relied Upon Discussed at ¶ 89

    The protection of Article 20(3) extends back to police interrogation.

  8. State (N.C.T. of Delhi) v. Navjot Sandhu @ Afsan Guru (2005) 11 SCC 600
    Relied Upon Discussed at ¶ 90, 116, 130

    Article 20(3) applies at the investigation stage; a retracted confession needs general assurance that the retraction was an afterthought.

  9. Referred To Discussed at ¶ 90

    Cited on the stage at which Article 20(3) operates.

  10. Relied Upon Discussed at ¶ 96

    A Magistrate questioning an accused brought from police custody should sometimes be more intrusive than the law requires.

  11. Bhuboni Sahu v. R. AIR 1949 PC 257
    Relied Upon Discussed at ¶ 102

    A retracted confession of a co-accused cannot corroborate the retracted confession of an accused; such a confession is only one element to be weighed.

  12. Relied Upon Discussed at ¶ 102

    A co-accused's confession is not substantive evidence and can only lend assurance to other evidence.

  13. Subramania Goundan v. The State of Madras AIR 1958 SC 66
    Relied Upon Discussed at ¶ 105

    The court must be satisfied that a retracted confession was true and voluntary when made.

  14. Relied Upon Discussed at ¶ 105

    The court must be satisfied that a retracted confession was true and voluntary when made.

  15. Puran v. The State of Punjab AIR 1953 SC 459
    Relied Upon Discussed at ¶ 105, 106, 116

    Caution and prudence in accepting a retracted confession is an ordinary rule.

  16. Balbir Singh v. State of Punjab AIR 1957 SC 216
    Explained Discussed at ¶ 105, 106, 107

    A retracted confession corroborated in material particulars may found a conviction; the Court noted decisions requiring the retraction to be wholly false.

  17. Relied Upon Discussed at ¶ 106, 115

    Broad corroboration of a retracted confession; such a confession must be substantially corroborated by independent evidence.

  18. Bharat v. State of U.P. (1971) 3 SCC 950
    Relied Upon Discussed at ¶ 116

    Courts do not act on a retracted confession without assurance from other sources as to guilt.

  19. Sidharth and Others v. State of Bihar (2005) 12 SCC 545
    Distinguished Discussed at ¶ 117, 130, 131

    Relied on by the State; there the confession was corroborated by independent circumstances, unlike here.

  20. Ram Parkash v. The State of Punjab 1959 SCR 1219
    Relied Upon Discussed at ¶ 131

    A retracted confession can be considered against a co-accused under Section 30 only with full and strong corroboration in material particulars.

  21. Sahdeo and Others etc. v. State of U.P. (2004) 10 SCC 682
    Followed Discussed at ¶ 157

    Where the offence is proved by circumstantial evidence, ordinarily the death penalty should not be awarded.

  22. Sheikh Ishaqe and Others v. State of Bihar (1995) 3 SCC 392
    Followed Discussed at ¶ 157

    Where the offence is proved by circumstantial evidence, ordinarily the death penalty should not be awarded.

  23. Bachan Singh v. State of Punjab (1980) 2 SCC 684
    Followed Discussed at ¶ 134, 161

    Death penalty only in the rarest of rare cases.

  24. Machhi Singh and Others v. State of Punjab (1983) 3 SCC 470
    Referred To Discussed at ¶ 134

    Illustrative circumstances for the rarest of rare category.

NyayVidhan
Court Judgments · 3 min read
Decided: December 12, 2006 Justices S.B. Sinha and Dalveer Bhandari
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