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RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Tinai Baski S/o Shri Jalpa Baski – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1. Present criminal appeal has been preferred by the above named sole appellant against his conviction and sentence dated 29.05.2018/31.05.2018 passed by learned Additional Sessions Judge-I, Dumka in S.T. Case No. 185 of 2013 arising out of Ramgarh P.S. Case No. 36 of 2012, G.R. Case No. 333 of 2012 (hereinafter called the impugned judgment and order), whereby and whereunder the appellant has been held guilty for the offence under sections 302, 201 read with section 34 of Indian Penal Code and sentenced to undergo R.I. for life for the offence under section 302 of IPC along with fine of Rs.500 and 7 years R.I. and fine of Rs.500 for the offence under section 201 of IPC with default stipulation.
FACTUAL MATRIX
2. The prosecution story as depicted in the FIR is that the informant’s daughter namely Sonmani Baski aged about 5-6 years along with other children of her village namely Lalpal Baski aged about 6 years son of the present appellant and Nimai Baski aged about 4 years went to play outside the house on 15.03.2012 at about 10:00 AM. It is alleged in FIR that when the daughter of informant did not return to home, then the informant interrogated w
Extra-judicial confessions must be corroborated and cannot solely support a conviction, especially when obtained under duress.
Circumstantial evidence must be conclusive and extra-judicial confessions require corroboration; failure to meet these standards results in acquittal.
There is no doubt that convictions can be based on extra-judicial confession but it is well settled that in very nature of things, it is a weak piece of evidence.
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
Circumstantial evidence must form a complete chain pointing to guilt, and extrajudicial confessions require corroboration to be reliable.
Extrajudicial confessions require corroboration and cannot solely establish guilt without reliable evidence.
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
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