2014 Supreme(SC) 364

SUPREME COURT OF INDIA
T.S. THAKUR, GYAN SUDHA MISRA, JJ.
Baskaran & Another – Appellants
Versus
State of Tamil Nadu – Respondents
Criminal Appeal No. 121 of 2008
Decided On : 25-04-2014

Important Point
An extra-judicial confession can be relied upon only if the same is voluntary and true and made in a fit state of mind.

Headnote:Indian Penal Code,1860-Sections 376 (2) (g), 302 and 201-Appellants -A1 & A2 along with two others forcibly took the deceased girl to a secluded place, when she was raped and then in course of the same transaction, A1 strangulated her to death- With a view to screen the offence, all of accused persons threw the dead body to a secluded place in an agricultural field-Trial Court while acquitting other co accused persons , convicted A1 & A2-Appeal-High Court while maintaining conviction and sentence of A1 , acquitted A2 of offence of murder under Section 302 IPC while maintaining his conviction and sentence under Section 376 I.P.C. –Appeal-Conviction of the appellants was not based merely on the confessional statement but also on other substantial evidence relied upon by the prosecution viz. recovery of the body, post-mortem report matching with confessional statement, evidence of other independent witness who corroborated the recording of confessional statement in their presence –Hence no doubt created about the credibility of the prosecution case so as to discard the same-No infirmity found in the judgment and order of High Court holding the appellants guilty and sentencing them appropriately- Appeal dismissed (Paras 12 to 16)

       Extra judicial confession-Admissibility of-An extra-judicial confession can be relied upon only if the same is voluntary and true and made in a fit state of mind- The value of the evidence as to the confession like any other evidence depends upon the veracity of the witness to whom it has been made- The value of the evidence as to the confession depends on the reliability of the witness who gives the evidence- But it is not open to any court to start with the presumption that extra-judicial confession is insufficient to convict the accused even though it is supported by the other circumstantial evidence and corroborated by independent witness - The Courts cannot be unmindful of the legal position that even if the evidence relating to extra-judicial confession is found credible after being tested on the touchstone of credibility and acceptability, it can solely form the basis of conviction (Para 14)

       Facts of the Case-

       Appellants -A1 & A2 herein in the instant case along with two others forcibly took the deceased girl to a secluded place, when she was raped and then in course of the same transaction, A1 strangulated her to death. With a view to screen the offence, all of accused persons threw the dead body to a secluded place in an agricultural field. Trial Court while acquitting other co accused persons, convicted A1 & A2.On Appeal, High Court while maintaining conviction and sentence of A1, acquitted A2 of offence of murder under Section 302 IPC while maintaining his conviction and sentence under Section 376 I.P.C.

       B. Present appeal has been filed against said order of High Court.

       Findings of the Court-

       A. Although, there is no eye-witness to this incident, the confessional statement of the accused appellants fully corroborates circumstantial evidence as the post-mortem report revealed that the deceased had died of strangulation which matched with the confessional statement of the appellant accused. The sexual assault of rape is also established from the post-mortem report which establishes that the death of victim Janaki is homicidal and she was forcibly subjected to rape at the instance of several persons. The evidence of PW-10 and PW-13, the then Village Administrative Officers before whom the first and second accused gave their extra-judicial confession, clearly unveils the case of the prosecution and this evidence was further corroborated. From the evidence of PW-11 (Radha Krishnan) and PW-14 (Selva Kumar) even though they were treated as hostile, they have not been able to establish the fact that the extra-judicial confession had not been recorded in their presence. In addition the recovery memos from the 1st accused and the 2nd accused/appellants herein clearly establishes the charges leveled against them. It further cannot be overlooked that PW-10 the then Village Administrative Officer of Kadhili village speaks about the extra-judicial confession of the 1st accused Baskaran and in this regard his evidence was corroborated by PW-11 (Radha Krishnan) who is an independent person and had no prior enmity with the 1st accused. Thus, even though this witness had turned hostile in the chief –examination itself, he spoke about the confession made by the 1st accused before the Village Administrative Officer and his presence there and putting his signature on the document regarding extra-judicial confession vide Ext.P-7 cannot be discarded specially when this extra-judicial confession led to the surrender of the accused who were then arrested and tried. PW-14 (Selvakumar) although turned hostile, the same was confined only about the fact of recording confessional statement and he could not resile from the same.

       B. The Apex Court held that Conviction of the appellants was not based merely on the confessional statement but also on other substantial evidence relied upon by the prosecution viz. recovery of the body, post-mortem report matching with confessional statement, evidence of other independent witness who corroborated the recording of confessional statement in their presence .Hence no doubt was created about the credibility of the prosecution case so as to discard the same. No infirmity was found in the judgment and order of High Court holding the appellants guilty and sentencing them appropriately. Appeal was dismissed.

       Result- Appeal dismissed