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IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ, APURBA SINHA RAY
Rabi Murmu – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. conviction challenged on procedural grounds. (Para 1) |
| 2. lack of evidence undermines prosecution's case. (Para 2 , 3 , 4 , 5) |
| 3. prosecution relies on witness testimonies. (Para 6 , 8 , 20) |
| 4. circumstantial evidence requires caution in reliance. (Para 7 , 9 , 10 , 11) |
| 5. admissibility of confessions and evidential standards. (Para 13 , 14 , 15 , 16) |
| 6. credibility of extra-judicial confessions examined. (Para 17 , 18 , 21 , 28) |
| 7. witnesses corroborate confessions and evidence. (Para 22 , 23 , 24 , 25 , 26) |
| 8. doubts about reliability lead to acquittal. (Para 29 , 30 , 31 , 33) |
JUDGMENT :
Apurba Sinha Ray, J.
1. The judgment of conviction and order dated 15.05.2013 and 16.05.2013 passed by the Learned Sessions Judge, Purulia in Sessions Trial No. 33 of 2012, Sessions Case No. 237 of 2012 was under challenge in this appeal on the grounds, inter alia that the order of conviction of the appellant under Section 302/201 of the Indian Penal Code sentencing the appellant to suffer imprisonment for life and to pay a fine of Rs. 2,000/-, in default to suffer further rigorous imprisonment for six months etc. was passed without considering the materials on record.
2. The learned cou
Extra-judicial confessions made in police presence are inadmissible if not proven voluntary, requiring solid evidence for circumstantial convictions.
Extra-judicial confessions are weak evidence requiring corroboration and should be credible; reliance on insufficient evidence led to the appellant's acquittal.
For a conviction based on extra-judicial confession, corroborative evidence is essential, and any substantial contradictions in testimonies undermine its reliability.
The convicting based solely on circumstantial evidence and extra-judicial confessions requires corroborative proof and must adhere to well-established principles regarding such evidence.
Circumstantial evidence must form a complete chain without breaks, and extrajudicial confessions require corroboration; benefit of doubt is given to the accused when evidence is insufficient.
The main legal point established in the judgment is that extra judicial confession and recovery of evidence are weak pieces of evidence and must inspire confidence. The prosecution must establish a c....
The prosecution must establish the guilt of the accused beyond reasonable doubt, particularly in murder cases, and rely on corroborative evidence for extra-judicial confessions.
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