KALYAN RAI SURANA, MITALI THAKURIA
Maniya Taku, represented by Shri Tai Tok S/o Shri Kapa Taku – Appellant
Versus
State Of AP – Respondent
JUDGMENT :
Mrs.M.Thakuria, J
Heard Mr. T.T. Tara, learned counsel for the appellant and Mr. G. Tado, learned Addl. P.P. for the State.
2. The memo of appeal has been filed by one Sri Tai Tok, the son of Smt. Maniya Taku. The said Maniya Taku is the accused and sentenced by the learned trial Court. However, it is noticed that the name of Sri Tai Tok is entered in the cause title as appellant. However, as the defacto-appellant is Smt. Maniya Taku, the word “appellant” used in this judgment would mean and denote the “accused”, i.e. Smt. Maniya Taku.
3. This appeal under Section 374(2) of the Criminal Procedure Code is preferred against the judgment and sentence passed on 04.09.2021 by the learned Sessions Judge, West Kameng District, Bomdila in Sessions Case No. 30/2017, thereby convicting the appellant, Smt. Maniya Taku under Section 302 of the Indian Penal Code and sentencing her to undergo imprisonment for life, out of which the appellant was directed to undergo rigorous sentence for a period of six months and to pay a fine of Rs.5,000/-, with default stipulation to further undergo further sentence of three months.
4. The prosecution case was set rolling by a complaint dated 28.03.1983
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(1) Extra-judicial confession – Extra-judicial confession is a weak piece of evidence – If extra-judicial confession suffers from material discrepancies or inherent improbabilities and does not appea....
The convicting based solely on circumstantial evidence and extra-judicial confessions requires corroborative proof and must adhere to well-established principles regarding such evidence.
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
Extra-judicial confessions are weak evidence requiring corroboration and should be credible; reliance on insufficient evidence led to the appellant's acquittal.
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