Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Contraband - Appellant not found in possession of any narcotic - Only allegation that he handed over some narcotics to accused No.1 - Only evidence against him is the retracted statement of accused No.1 and his own retracted confession - One tainted evidence cannot corroborate another tainted evidence -..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Reproduction of exact words used by accused is not required - To arrive at a conclusion that accused made extra judicial confession it is necessary for Court to come to a conclusion that confession was retracted or not - Confession when made before large number of persons then each one of them is not expected to..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 24 -- Confession - It is a relevant fact - It can be acted upon - Confession may under certain circumstances form the basis of conviction - For the said purpose Court has to satisfy itself in regard to (i) voluntariness of the confession; (ii) truthfulness of the confession; (iii) corroboration...........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 26, 30, 24 -- Judicial confession - Admissible against the maker thereof u/s 26 Evidence Act and against co-accused S.30 is applicable...........
Evidence Act, 1872, Section 30 -- Confession by co-accused - It is a piece of corroborative evidence - In absence of any substantive evidence, conviction cannot be recorded only on the basis of confession of co-accused, be it extra judicial confession or a judicial confession and least of all on the basis of retracted confession...........
Evidence Act, 1872, Section 30 -- Retracted confession - Co-accused - A retraced confession of a co-accused cannot be relied upon for the purpose of finding corroboration for the retracted confession of an accused...........
Evidence Act, 1872, Section 24, 26, Criminal Procedure Code, 1973, Section 162(1), 164 -- Retracted confession - Article 20(3) of Constitution of India provides that no person accused of an offence shall be compelled to be a witness against himself - Right to remain silent is an extension of the rule of civil liberty enjoined by Constitution...........
Evidence Act, 1872, Section 25, 27 -- Confession - Whenever and wherever made to the police, or while in custody of the police unless made in the immediate presence of a magistrate, shall be presumed to have been obtained under the circumstances mentioned in S.24 and therefore inadmissible, except so far as is provided by S.27 of the Act...........
Evidence Act, 1872, Section 24, 27, Criminal Procedure Code, 1973, Section 164 -- Confession - Proof - Law does not envisage taking on record the entire confession by marking it an exhibit incorporating both the admissible and inadmissible part thereof together - Only that part of confession which is admissible would be leading to the recovery of dead body and/or recovery..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Evidentiary value - Must be judged in the fact situation of each case - It would depend not only on the nature of the circumstances but also the time when the confession had been made and the credibility of the witness who testifies thereto...........
