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Showing posts with label CRIMINAL APPEAL NO.47 OF 2014 |PARGAN SINGH |. Show all posts
Showing posts with label CRIMINAL APPEAL NO.47 OF 2014 |PARGAN SINGH |. Show all posts
Saturday, September 20, 2014

Extra - Judicial Confession - Both unidentified persons ran away on scooter with the money bag. - After more than 7 years i.e. on 18th July, 2006, a special team was constituted to apprehend the perpetrators of the crime. - application was moved for conducting Test Identification Parade (TIP) of the accused persons but the accused declined the same through separate statements Ex.PM/1 and Ex.PM/2. - Apex court held that We are conscious of the fact that extra-judicial confession by its very nature is rather a weak type of evidence and requires appreciation with great deal of care and caution. Where an extra-judicial confession is warranted by suspicious circumstances, its credibility becomes doubtful and it loses its importance. It is for this reason that Courts generally look for independent reliable corroboration before placing any reliance upon such a confession. (See Balwinder Singh v. State of Punjab, (1995) Supp (4) SCC 259, which was cited by the counsel for the appellants). However, we find that his statement is corroborated not by any circumstantial evidence but cast iron evidence in the form of two eye-witnesses. Furthermore, even if for the sake of arguments, we discard the testimony of PW-1, the evidence of two eye-witnesses who are found to be credible, is sufficient to uphold the conviction of the appellants.= CRIMINAL APPEAL NO.47 OF 2014 |PARGAN SINGH |…..APPELLANT(S) | | | | |VERSUS | | |STATE OF PUNJAB & ANR. |…..RESPONDENT(S) = 2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41885

 Extra - Judicial Confession -  Both  unidentified persons ran away on scooter with the  money  bag . -   After more than 7 years i.e. on 1...