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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -70-confessions and see whether conviction can safely bebased upon it.Retracted confessions.51. The learned senior counsel Mr. A. Sharan appearingfor A-3 and A-5 had further contended that the courtsbelow had failed to take into consideration that theconfessional statements made by the accused personshad been retracted at the earliest possibleopportunity available to them. The evidence of thedoctors that the sustained fracture being found on thebodies of the accused persons by the examining doctorand subsequent disappearance of the X-ray plates fromthe records, raised a series of doubts regarding themanner in which the confessional statements wererecorded. In support of this contention the learnedsenior counsel placed reliance upon the decision ofthis Court in the case of Chandrakant Chimanlal Desai

Crl.A.Nos.2295-2296 of 2010 -71-v. State of Gujarat 19 . The learned senior counselfurther contended that in the present set of facts,there was sufficient proof that the confessionalstatements were not made voluntarily and in the lightof the above, the courts below were duty bound tocorroborate the confessional statements with otherindependent evidence to test their veracity.Learned senior counsel Mr. K.T.S Tulsi representing A-2 and A-4 and learned counsel, Ms. Kamini Jaiswalrepresenting A-6 have reiterated the same andsubmitted that there had to be independent evidencecorroborating the confessional statements of theaccused persons if they had been retracted.Evidence of accomplices.52. The learned senior counsel Mr. K.T.S Tulsisubmitted that the learned senior counsel for the19 (1992) 1 SCC 473

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