LAW FOR ALL

The extra judicial confession was, according to the prosecution, reduced to writing by the VAO and found sufficient by the trial Court as also by the High Court to hold the appellant guilty of having committed the offence with which he was charged - the extra judicial confessional statement of the appellant in which the appellant has referred to some kind of suspicion and disagreement between him and his parents regarding the child because of which he threw the child into the well. Suffice it to say that it is not one of those cases where the confessional statement is made to a person whose credibility is suspected nor is it a case where there is no corroboration forthcoming from other evidence on record. - Congestion of lungs implies presence of excess fluids in the lungs, a sign suggesting that the child would have inhaled excess fluid while in water. In addition, there is a finding by the doctor that there was 200 MLs. of watery fluid even in the stomach of the deceased. According to Modi’s Jurisprudence and Toxicology, the presence in the stomach of a certain quantity of water is regarded as an important sign of death by drowning. It is almost impossible for water to get into the stomach, if a body is submerged after death.