Conviction Solely On The Basis Of Extra Judicial Confession Cannot Be Sustained: Supreme Court

Conviction Solely On The Basis Of Extra Judicial Confession Cannot Be Sustained

Case: State of Rajasthan vs Kistoora Ram

Coram: Justices BR Gavai and PS Narasimha

Case No.: CrA 2119 OF 2010

Court Observation: “The High Court, relying on the judgment of this Court in the case of State of Punjab v. Bhajan Singh and Others , so also in the case of Gopal Sah v. State of Bihar has held that extra­judicial confession was a weak piece of evidence and unless there was some corroboration, the conviction solely on the basis of extra­judicial confession could not be sustained. The view taken by the High Court cannot be said to be either impossible or perverse meriting our interference”

“Unless it is found that the view taken by the Court is impossible or perverse, it is not permissible to interfere with the finding of acquittal. Equally if two views are 3 possible, it is not permissible to set aside an order of acquittal, merely because the Appellate Court finds the way of conviction to be more probable. The interference would be warranted only if the view taken is not possible at all.”

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