Evidentiary value of extra-judicial confession
5. As far as extrajudicial confession is concerned, the law is well settled. Generally, it is a weak piece of evidence. However, a conviction can be sustained on the basis of extrajudicial confession provided that the confession is proved to be voluntary and truthful. It should be free of any inducement. The evidentiary value of such confession also depends on the person to whom it is made. Going by the natural course of human conduct, normally, a person would confide about a crime committed by him only with such a person in whom he has implicit faith. Normally, a person would not make a confession to someone who is totally a stranger to him. Moreover, the Court has to be satisfied with the reliability of the confession keeping in view the circumstances in which it is made. As a matter of rule, corroboration is not required. However, if an extrajudicial confession is corroborated by other evidence on record, it acquires more credibility.
Analysis of evidence
6. (h) Even after the alleged extrajudicial confession of committing murder was made before them by the appellant, PW7 to PW9 did not report to the police. The prosecution case is that without informing the police, they accompanied the appellant to the field of Bhagirath where dead bodies were found buried. This conduct of PW7 to PW9 is unusual and unnatural. PW7 to PW9 are not consistent about the place at which the alleged confession was made.
(i) There is no explanation offered by the prosecution for not examining Bhagirath who was also present according to PW9 when the alleged confession was made. This omission becomes more significant as the dead bodies were allegedly found in his land.
Conclusion
7. Hence, the prosecution’s case about extrajudicial confession does not inspire confidence at all. Moreover, there are no other circumstances brought on record which could support or corroborate the prosecution case. Therefore, in our considered view, the evidence in form of the extrajudicial confession of the appellant deserves to be discarded. Admittedly, there is no other evidence against the appellant. Therefore, the conviction of the appellant cannot be sustained at all. Accordingly, the impugned judgments are set aside and the appellant is acquitted of the offences alleged against him. The bail bonds of the appellant stand cancelled. The appeal is allowed.
Party
Pawan Kumar Chourasia vs State of Bihar – CRIMINAL APPEAL NO.2230 of 2010 – March 14, 2023.
https://main.sci.gov.in/supremecourt/2010/23776/23776_2010_16_1501_42672_Judgement_14-Mar-2023.pdf
