Extra-judicial confession
Essentially the recovery of the severed head was as a result of direct evidence of the accused himself inasmuch as, in his extra judicial confession he disclosed the location of the severed head of the victim and it was accordingly found at that place in his presence. However, the fact of killing the victim prior to disposal of the dead body and the severed head was supported only by circumstantial evidence and the confession of co-accused. Sikha Rakshit vs Paritosh Rakshit, 70 DLR (AD) 1
Extra-judicial confession-Essen- tially the recovery of the severed head was as a result of direct evidence of the accused himself inasmuch as, in his extra judicial confession he disclosed the location of the severed head of the victim and it was accordingly found at that place in his presence. However, the fact of killing the victim prior to disposal of the dead body and the severed head was supported only by circumstantial evidence and the confession of co-accused. Sikha Rakshit vs Paritosh Rakshit, 70 DLR (AD) 1
Value of extra judicial confession
It is well settled that extra judicial confession if corroborated by independent witnesses has similar valueof judicial confession and the extra judicial confession, if found voluntary and true that can be sole basis of conviction. Monirul Islam @Manir-Vs. The State.4 ALR (AD) 2014 (2) 156
Extra-judiciat Confession. Supreme Court observed that the evidence about an extra-judicial confession is in the nature of things a weak piece.. of evidence. If the same is lacking in probability, there would be no difficulty in rejecting the same.
Jagata v. State of Haryana, AIR 1974 SC 1545: 1974 SCC (Cri) 957: 1974 Cr LJ 1010: (1974) 4 SCC 747.
Retracted extra-judicial confession. The extra-judicial confession was
made by the appellant before the village Pradhan soon after he was apprehend- ed. From its very nature it impresses us to be spontaneous free from suspicion voluntary and true. The words actually used by the appellant have been reproduced so far as possible in the circumstances of the case. No doubt the appellant has denied having made this extra-judicial confession. This may be considered to amount to retraction of the confession but a retracted extra- judicial confession can also legally from the basis of a conviction, though as a matter of prudence the Courts try to look for corroboration from some independent source so as to satisfy this conscience that the confession is true.
Abdul Ghani v. State of U. P., AIR 1973 SC 264: 1973 SCD 208: 1973 Cri LJ 280: (1973) 4 SCC 17.
Value of extra-judicial confession. The Supreme Court held that the evidence of extra-judicial confession in the very nature of things is a weak piece of evidence. The evidence adduced in this respect in the present case lacks plausibility and as observed by the High Court, it does not inspire confidence.
State of Punjab v. Bhajan Singh, AIR 1975 SC 258 1974 Pun LJ (Cri) 399: 1975 Cri LJ 282: (1975) 2 SCJ 145: (1975) 4 SCC 475: 1975 Mad LJ (Cri) 445.
Extra-judicial confession to a under trial. Decision overruled- 1982 Cri LJ NOC 127 (Gau).
Decision relied on-
AIR 1973 SC 343: (1972) 3 SCC 759.
It is said that the accused persons made extra-judicial confessions to a under-trial having aving committed an offence of dacoity in jail and the Sessions Trial Court as well as the High Court based the conviction of three accused persons on this extra-judicial confessions.
The Supreme Court observed--"We are at a loss to understand how the High Court accepted the evidence on this extra-judicial confession without examining the credentials of P.W. 2 Bistiram, without ascertaining the words used, without referring to the decision of this Court to be presently mentioned wherein it is succinctly stated that extra-judicial confession to afford a piece of reliable evidence must pass the test of reproduction of exact words, the reason or motive for confession and persons selected in whom confidence is reposed. In Rahim Bux v. State of U. P, (1972) 3 SCC 759, this Court while examining the evidence as to extra-judicial confession made by two accused to Mohmed Nasim Khan (P.W. 4) observed that:
"There was no history of previous association between the witness and the two accused as may justify the inference that the accused could repose confidence in him. In the the circumstances, it seems highly improbable that the two accused would go to Mohammed Nasim Khan and blurt out a confession."
So saying the Court rejected the evidence as to extra-judicial confession. Position in this case is more deplorable. If the High Court had examind the decision of this Court, there would have been no difficulty in rejecting the evidence of extra-judicial confession. It fails to pass all the tests. We reject the evidence of extra-judicial confession, as unworthy of belief."
Heramba Brahma v. State of Assam, AIR 1982 SC 1595.
Reliability of extra-judicial confession. The Supreme Court observed that there is no reason why they should try to falsely implicate the appellant in the murder of his wife. The circumstances leave no room for doubt that it was the accused that was responsible for the death of his wife and his confession made to his wife's uncle and cousin is genuine and reliable.
Darshan Lal v. Stute of J. & K., AIR 1975 SC 898: 1975 SCC (Cri) 231: 1975 Cri LJ 774.
Extra-judicial confession made to a witness. The evidence furnished by the extra-judicial confession made by the accused to witnesses cannot be termed to be a tainted evidence and if corroboration is required it is only by way of aboundant caution. If the Court believes the witnesses before whom the confession is made and it is satisfied that the confession was voluntary, then in such a case conviction can be founded on such evidence alone as was done in Rao Shiv Bahadur Singh v. State of Vindhya Pradesh, AIR 1954 SC 322.
Maghar Singh v. State of Punjab, AIR 1975 SC 1320: 1975 Cri LJ 1102: 1975 All Cri C 208: (1975) 1 APLJ (SC) 34: 1975 SCC (Cri) 479.
Following the said extra judicial statement the dead body of the victim was recovered from the place of occurrence. Thereafter the accused Md. Alam made a judicial confessional statement and admitted the fact of killing of the victim by him along with accused Titu and Babu, in the judicial statement Md. Alam corroborated his earlier extra judicial confessional statement made to Pw2 Pw3, and Pw4, soon after his apprehension.
The State Vs. Alam @ Md. Alam and others (Criminal), 2 LNJ (2013)-HCD-182.
