1. Murder conviction based on a statement claiming the act was committed to prevent rape — Right of private defence under Section 100 IPC. (Para 1 )
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1998 Supreme(SC) 992
SUPREME COURT OF INDIA
B.N.Kirpal : M.K.Mukherjee
Champa Rani Mondal
Versus
State Of West Bengal
Case No. : 211 of 1997
Date of Decision : 9/16/98
Important Points
A statement by an accused describing an act committed in the exercise of the right of private defence is exculpatory, not confessional, and cannot be used as the sole basis for conviction.
Subject
Criminal Law - Right of Private Defence
Act Referred
Headnote
(A) Indian Penal Code, 1860 - Section 100 - Confessional statement - Conviction based solely on a statement where the accused claimed to have caused death while resisting an attempted rape - Statement describing circumstances that exculpate the accused under the right of private defence cannot be termed as a confessional statement - Such evidence cannot be pressed into service to form the basis of conviction. (Para 1)
Facts of the case:
The appellant was convicted by the trial court and the High Court for the murder of a relative, relying solely on an alleged confessional statement. In the statement, the appellant claimed that the deceased had attempted to rape her, dragged her to a cot, and gagged her, prompting her to strike the deceased with a weapon in self-defence before informing other relatives.
Findings of Court:
The statement made by the appellant is not a confession as the circumstances described would clearly exculpate her under Section 100 of the IPC.
Issues: Whether a statement describing an act of self-defence against attempted rape constitutes a confessional statement sufficient to sustain a conviction.
Ratio Decidendi: A statement that describes circumstances which exculpate the accused under the right of private defence cannot be treated as a confession and cannot be used as the basis for conviction.
Result: Appeal allowed and appellant acquitted.
Facts of the case:
The appellant was convicted by the trial court and the High Court for the murder of a relative, relying solely on an alleged confessional statement. In the statement, the appellant claimed that the deceased had attempted to rape her, dragged her to a cot, and gagged her, prompting her to strike the deceased with a weapon in self-defence before informing other relatives.
Findings of Court:
The statement made by the appellant is not a confession as the circumstances described would clearly exculpate her under Section 100 of the IPC.
Issues: Whether a statement describing an act of self-defence against attempted rape constitutes a confessional statement sufficient to sustain a conviction.
Ratio Decidendi: A statement that describes circumstances which exculpate the accused under the right of private defence cannot be treated as a confession and cannot be used as the basis for conviction.
Result: Appeal allowed and appellant acquitted.
Legal Category Hierarchy
Table of Contents
2. Whether a statement describing an act committed in self-defence against attempted rape constitutes a confessional statement sufficient for conviction. (Para 1 )
3. A statement claiming the killing of another occurred during an attempted rape is exculpatory under Section 100 IPC and cannot form the basis of conviction. (Para 1 )
4. A statement that exculpates the accused by invoking the right of private defence under Section 100 IPC cannot be treated as a confession. (Para 1 )
5. Appeal allowed — Appellant acquitted and discharged from bail bond. (Para 2 )
6. Does a statement admitting to a killing but claiming it was done to prevent rape constitute a confession?
No, such a statement is not confessional because the circumstances described would exculpate the accused under the right of private defence provided in Section 100 IPC. (Para 1 )
(1) RELYING solely upon the alleged confessional statement of the appellant, the trial court convicted her for committing the murder of her brother-in-law and the High Court affirmed the conviction. In her statement she stated that when her brother-in-law tried to rape her and, for that purpose dragged her to the cot by putting cloth in her mouth, she gave two blows upon him with a katari as a result of which he fell down. She gave him another blow and then went out of the room and disclosed the entire incident to her relations. The statement so made by her cannot be said to be a confessional one as the circumstances in which she claimed to have caused the death of her brother-in-law would clearly exculpate her in view of Section 100 IPC. In other words the above statement of the appellant could not be entertained in evidence, much less pressed into service to make it the basis of conviction.
(2) WE, therefore, allow this appeal and acquit the appellant. The appellant, who is on bail, shall stand discharged from her bail bond.
