LAW FOR ALL

TADA Act - Confession - trial court convicted both accused basing on the retracted confessional statement of one of the accused -When the confession statement is not corroborated - no conviction can be placed safely - Apex court held that There is a passing reference in PW-15 Sevi Periyasamy’s evidence that after the blast when he asked A2-Periyasami about the blast, he told him that Lenin, Karalan and Rajaram were responsible for the blast and if he discloses this to anyone, all members of his family would be killed. This part of the statement of PW-15 Sevi Periyasamy is not corroborated by any evidence on record. Thus, it would not be safe to rely on it. We are, therefore, of the opinion that the prosecution has not been able to establish its case against A2-Periyasami beyond reasonable doubt. He must, therefore, get benefit of doubt.= Periyasami s/o. Duraisami Novanagar … Appellant Vs. State represented through the Inspector of Police, ‘Q’ Branch CID, Tiruchirappalli, Tamil Nadu. … Respondent =2014 (April.Part) judis.nic.in/supremecourt/filename=41402