STATE OF PUNJAB Vs. GURDEEP SINGH

JUDGEMENT

(1.) The short question involved in the matter in issue before this Court is the justifiability of the order of acquittal passed by the High Court by reason of lack of probative value of an extra judicial confession found by the High Court in an appeal against conviction and sentence under Section 376 read with Sections 302 and 201 of the Indian Penal Code.

(2.) Admittedly, there is no direct evidence available on the record so as to attribute the commission of crime to the respondent herein but it is only on the basis of an extra judicial confession that the learned Sessions Judge thought it fit to pass the sentence for life imprisonment, which stands reversed by the High Court.

(3.) Confession in common acceptation means and implies acknowledgment of guilt - its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and without there being any doubt in regard thereto, an order of conviction can be founded on such evidence.