The court held that a retracted confession cannot solely establish guilt without independent corroboration, emphasizing the necessity for robust evidence in criminal convictions.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Naveen Kr. Jaiswal, learned counsel for the appellant and Mr. Sanjay Kr. Srivastava, learned A.P.P. for the State.

2. This appeal is directed against the judgment and order of conviction and sentence dated 07.04.1998 (sentence passed on 15.04.1998) passed by Shri Ashim Kumar Dutta, learned 3rd Additional District & Sessions Judge, Chaibasa in S.T. No. 181 of 1996, whereby and whereunder, the appellant has been convicted for the offences punishable u/s 302/201/34 of the IPC and has been sentenced to R.I. for life for the conviction u/s 302/34 of the IPC and imprisonment for three years u/s 201 of the IPC. Both the sentences were directed to run concurrently.

3. The prosecution case arises out of the fardbeyan of Sura Tubid recorded on 01.03.1996, in which, it has been stated that on 29.02.1996 there was a Maghe festival being celebrated in the village and on the said occasion Diku Sundi and Chhota Sundi had come to the house of Mangta @ Dokal @ Tubid (appellant). The daughter of the informant namely Somi Tubid @ Kundi was seen with the said three persons enjoying herself. When at around 5:00-6:00 P.M. Mangta had come to the house of the informant, the wife of the informant asked him about the whereabouts of her daughter at which Mangta disclosed that her daughter is in his house. This pacified the informant and his wife. On the next morning when the informant asked his wife about his daughter it came to light that the dead body of a girl is hanging in a tree on the western side of the village. At this, the informant, his wife and the villagers went to the said place where they identified the body of the girl as that of the daughter of the informant. She was hanging with the help of her own saree about forty feet from the ground. A Gamcha was found at the place of occurrence which was identified by the informant, his wife and the villagers Lukna Tubid and Veersingh Tubid as belonging to Diku Sundi. A towel was found wrapped over the petticoat of the deceased which was identified by them to be belonging to Mangta @ Dokal Tubid. The daughter of the informant used to sell Haria and all the three accused used to frequent her place. The informant has raised a suspicion that Mangta @ Dokal Tubid, Diku Sundi and Chhota Sundi had committed rape upon his daughter and had strangulated her to death. Based on the aforesaid allegations Tonto P.S. Case No. 9 of 1996 was instituted u/s 376/302/201/34 of the IPC. On completion of investigation charge sheet was submitted and after cognizance was taken the case was committed to the Court of Sessions where it was registered as S.T. No. 181 of 1996. Charge was framed against the accused Mangta @ Dokal Tubid u/s 376/302/34 and 201 of the IPC which was read over and explained to him, to which, he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as six witnesses in support of its case.

5. P.W.1 (Chandan Singh Munda) has stated that on 01.03.1996 at 7:00 A.M. he received an information that a body is hanging on a tree, at which, he reached the said place with Chandrama Tubid. By the time he had reached several persons had already assembled at the said place. He saw a body hanging at a height of 40/50 feet with the help of a saree and the dead body was of Somi @ Kundi. He thereafter went to the Police Station to inform about the incident. The Police came to the village at 4:00 P.M., had taken down the dead body and recorded the fardbeyan of Sura Tubid, the father of the deceased. He has proved his signature over the fardbeyan which has been marked as Exhibit-1. He has proved his signature as well as the signature of Lukna Tubid on the inquest report which have been marked as Exhibits- 1/1 and 1/2 respectively. He has also proved his signature and the signature of Dokal over the confessional statement of Dokal which have been marked as Exhibits-1/3 and 1/4 respectively. In cross-examination, he has deposed that the news about a