Case Note & Summary
The case involved an appeal under the Terrorist & Disruptive Activities (Prevention) Act, 1987 (TADA Act) against a conviction by the Designated Court for Rajasthan. The appellant, Sukhwant Singh @ Balwinder Singh, was accused No.4 in a case concerning multiple charges, including conspiracy and possession of explosives. The TADA court had sentenced him to five years of rigorous imprisonment and imposed fines for various offences. The appeal was primarily based on the contention that the confessional statements of co-accused were not corroborated by independent evidence. The court noted that while the appellant did not make a confessional statement, the confessions of co-accused Didar Singh and Gyani Pratap Singh were deemed credible and sufficient for conviction. The court reiterated that confessions of co-accused could be used against another accused if they were found acceptable by the court. The court found that the confessions detailed the appellant's involvement in procuring explosives intended for transportation to Punjab. Ultimately, the appeal was dismissed as the prosecution had sufficiently established the appellant's involvement in the crime through the confessions of co-accused. The court upheld the conviction and the sentences imposed by the TADA court.
Headnote
A) Criminal Law - Confessional Statements - Use of Co-Accused Confessions - Terrorist & Disruptive Activities (Prevention) Act, 1987, Section 15 - The court held that confessional statements of co-accused can be sufficient for conviction if deemed credible, even without independent corroboration. The principles established in prior judgments were applied to affirm the conviction based on the confessions of co-accused implicating the appellant. Held that the prosecution established the appellant's involvement in the crime (Paras 1-3).
Issue of Consideration
Whether the confessional statements of co-accused can be relied upon for the conviction of the appellant without independent corroboration.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction and sentences imposed by the TADA court based on the confessional statements of co-accused.
Law Points
- Terrorist & Disruptive Activities (Prevention) Act
- 1987
- confessional statements
- corroboration
- Explosive Substances Act
- 1908
- IPC Section 120-B
