It Is Not Safe To Use Co-accused’s Confessions To Convict The Accused. Sc

It is not safe to use co-accused’s confessions to convict the accused. SC

New Delhi, Dec 7 : The Supreme Court on Tuesday said the alleged confessional statements of co-accused, in the absence of corroborative evidence, is not safe to convict an accused as it acquitted an accused charged with murder of a Haryana Police head constable and conspiracy.

 It Is Not Safe To Use Co-accused’s Confessions To Convict The Accused. Sc-TeluguStop.com

A bench of Justices R.Subhash Reddy and Hrishikesh Roy said: “For the reasons not known, in a case of this nature, the investigating agency has not conducted TIP (Test Identification Parade).The only evidence that could be used to indict the appellant is the alleged confessional statements made by co-accused.It stated that the prosecution failed to prove that the accused conspired with others for the offenses for which he was accused.”Except for the alleged confessional statements by the co-accused, it’s not safe to keep the conviction and sentence imposed on the appellant,” the court said The top court noted that to prove the conspiracy charge within the ambit Section 120-B of Indian Penal Code, it is necessary that the parties agree to do an illegal act.

It noted that it is difficult to establish conspiracy by direct evidence, but at the same time, in absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an illegal act, it is not safe to hold a person guilty for offences under Section 120-B of IPC.

“A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting the accused with the commission of crime of criminal conspiracy,” added the top court.

“Even the alleged confessional statements of the co-accused, in absence of other acceptable corroborative evidence, is not safe to convict the accused.”

The top court judgment came on an appeal filed by Parveen against the Punjab and Haryana High Court’s March 17, 20202 order, which dismissed his appeal challenging the conviction and order of sentence passed by the Additional Sessions Judge, Rewari.

The accused was convicted for attacking a police party, on a train, while escorting four accused in March 2009, from Jaipur to Bhiwani.Three others and the accused boarded the train with the intention of attacking the police party being escorted.

The police overpowered one person who had thrown chilli powder into their eyes.The remaining three accused managed to flee the scene.

In the attack, head constable Arjun Singh was injured, and later succumbed to firearm injuries.

The bench said: “The findings recorded by the trial court in convicting the appellant mainly on the ground that he was one of the conspirators for the crime in question, is erroneous and illegal.The High Court did not properly consider the evidence and confirmed the sentence and conviction.

It ordered immediate release of the accused, unless his custody is required in connection with any other case.


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Disclaimer : TeluguStop.com Editorial Team not involved in creation of this article & holds no responsibility for its content..This Article is Provided by IANS, Please contact IANS if any issues in Article .


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