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K. VINOD CHANDRAN, ZIYAD RAHMAN A. A.
Thadiyantevida Nazeer @ Ummer Haji @ Haji, Sidhique, Naser – Appellant
Versus
State of Kerala, Represented By The National Investigation Agency, New Delhi Represented By Its Public Prosecutor, High Court Of Kerala – Respondent
JUDGMENT :
Vinod Chandran, J.
If it is permissible in law to obtain evidence from the accused person by compulsion, why tread the hard path of laborious investigation and prolonged examination of other men, materials and documents? It has been well said that an abolition of this privilege would be an incentive for those in charge of enforcement of law “to sit comfortably in the shade rubbing red pepper into a poor devil’s eyes rather than go about in the sun hunting up evidence”. (Stephen, History of Criminal Law, p. 442).
State of Bombay v. Kathi Kalu Oghad [1962 SCR (3) 10]
Confessions may have an element of truth in it but it fails to persuade the Judges, in travelling the distance between 'may be true' and 'must be true'; the whole of which distance, as has been held in Sarwan Singh v. State of Punjab [1957] 1 SCR 953], must be covered by 'legal, reliable and unimpeachable evidence'.
2. Inexplicable violence as a retaliatory measure against establishments of State, based on religion and community, often questions the secular credentials of a society; particularly of this State which proudly proclaims itself to be the most literate in all of the Country. The reverberations of the two
(1) Court may choose to give primacy to life imprisonment over death penalty in cases which are solely based on circumstantial evidence or where High Court has given a life imprisonment or acquittal.....
Circumstantial evidence can support convictions for conspiracy and murder, even if witnesses turn hostile, provided the overall evidence points consistently to the guilt of the accused.
In view of Section 10 of the Evidence Act anything said, done or written by those who enlist their support to the object of conspiracy and those who join later or make their exit before completion of....
The reliability of witness testimony is critical, especially in murder cases; inadmissible evidence and procedural lapses can lead to wrongful convictions.
Circumstantial evidence must be cogent and complete to establish guilt; the evidence of an approver requires careful scrutiny and corroboration.
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