SC:Extra judicial confession is admissible if corroborated by other evidence

The Hon’ble Supreme Court, on 3rd October 2019, in the matter of Ishwari Lal Yadav v. State of Chhattisgarh pronounced that if extra judicial confession is corroborated by other evidence on record, the same can be accepted.

The Hon’ble Supreme Court observed that:

It is true that extra judicial confession is a weak piece of evidence, but at the same time if the same is corroborated by other evidence on record, same can be accepted. (Para 16)

To prove the common intention to attract the provision under Section 34, IPC, it requires a pre-arranged plan and prior concert. Therefore, there must be prior meeting of minds. The common intention must exist prior to the commission of the act in a point of time. The burden lies on the prosecution to prove that participation of more than one person for commission of criminal act was done in furtherance of common intention. (Para 17)

Normal punishment for the offence under Section 302 IPC is life imprisonment but in a case where incident is of “rarest of rare cases” death sentence is to be imposed. (Para 21)

Only special facts and circumstances will warrant passing of death sentence and a just balance has to be struck between aggravating and mitigating circumstances, before the option is exercised. (Para 21)

There cannot be any hard and fast rule for balancing the aggravating and mitigating circumstances. Each case has to be decided on its own merits. In a “rarest of rare case” capital punishment is to be imposed. To come to conclusion in each case aggravating and mitigating circumstances are to be considered. Further factors like, age of the accused, possibility of reformation, gravity of the offence etc. are also to be kept in mind. (Para 22)

Copy of judgement: Judgement_03-Oct-2019

-Adv. Tushar Kaushik

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