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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -242-person on his own showing he is a depraved anddebased individual who having taken part in thecrime tries to exculpate himself and wants tofasten the liability on another. In suchcircumstances it is absolutely necessary thatwhat he has deposed must be corroborated inmaterial particulars. In contrasting this withthe statement of a person making a confessionwho stands on a better footing, one need onlyfind out when there is a retraction whether theearlier statement, which was the result ofremorse, repentance and contrition, wasvoluntary and true or not and it is with thatobject that corroboration is sought for. Notinfrequently one is apt to fall in error inequating a retracted confession with theevidence of an accomplice and therefore, it isadvisable to clearly understand the distinctionbetween the two. The standards of corroborationin the two are quite different. In the case ofthe person confessing who has resiled from hisstatement, general corroboration is sufficientwhile an accomplice's evidence should becorroborated in material particulars. Inaddition the court must feel that the reasonsgiven for the retraction in the case of aconfession are untrue.”(emphasis laid by this Court)This above said view of this Court has been endorsedin various judgments subsequently and we find itnecessary to reiterate the same herein. The rule of

Crl.A.Nos.2295-2296 of 2010 -243-prudence as applying to confessions of the accusedunder the general law, being that the confessionalstatements which were retracted must be corroboratedby independent evidence, must be followed to convictthe accused for the charges framed against them. Thefindings and reasons for conviction and sentencing ofthe accused persons in this case were the confessionalstatements of A-2, A-3, A-4 and A-6 and the two Urduletters which are purportedly written by A-4. A-2, A-3, A-4 and A-6 had retracted their confessionalstatements as per the exhibits aforementioned and allof them had alleged that they were tortured andthreatened with dire consequences of death through‘encounter’ and death of their loved ones. All theaccused persons speak of torture by beating,especially on the legs and this corresponds to theircomplaints of pain ‘under the feet’.117. Further, A-5 also made a statement as per Ex.778that he was tortured in police custody and that he had

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