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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -68-record the finding of guilt against the accusedpersons. The remaining evidence on record placed onbehalf of the prosecution, does not establish evenremotely that they were party to any of the materialingredients of the conspiracy of the attack onAkshardham temple. In support of the said contention,the learned senior counsel invited our attention toconcurrent findings of fact of the courts belowcontending that the same are liable to be set aside asthey have relied solely upon the confessionalstatements made by the accused persons while upholdingtheir conviction. The courts below had gravely erredin not considering the very important legal aspect ofthe matter, that a trial court cannot begin byexamining the confessional statementsof the accusedpersons to convict them. It was contended that it mustbegin with other evidence adduced by the prosecutionand after it has formed its opinion with regard to thequality and effect of other evidence, only then, the

Crl.A.Nos.2295-2296 of 2010 -69-court must turn to the confessions in order to beassured as to the conclusion of guilt, which thejudicial mind is about to reach, based on the saidother evidence. In support of the aforesaid legalsubmissions he had placed reliance upon the judgmentof this Court in the case of Haricharan Kurmi v. Stateof Bihar 17and the Navjot Sandhu case(supra).50. Further elaborating their submissions, the learnedsenior counsel urged that the confession of an accusedperson has been regarded by this Court as fragile andfeeble evidence which can only be used to supportother evidence. In support of this contention herelied upon the judgment of this Court in the PrakashKumar v. State of Gujarat 18 . The approach of thecourts below to record the finding of guilt againstthe accused persons, should be to first marshallevidence against the accused persons excluding their17 (1964)6 SCR 62318 (2007) 4 SCC 266

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