2023 S C M R 139
Judicial confession--- Principles relating to judicial confession stated.
Following are the principles relating to judicial confession:
(ii) Where there is no other evidence and the confessional statement is the only material on which an accused is convicted, then it has to be either accepted as a whole or rejected as a whole. Where the prosecution fails to prove its case through cogent, reliable and trustworthy evidence, the court can base the conviction on the confessional statement of the accused, however, the same has to be considered in toto and the exculpatory parts of the confession cannot be rejected;
(iii) The exculpatory portion of a confession cannot be discarded while proceeding to rely upon the same for decision of the case;
(iv) A confession has to be read as a whole and not by relying only on the inculpatory part of the statement;
(v) The confessional statement of a person can only inculpate himself and no other person can be inculpated merely because some other person has made any admission;
(vi) The admission of occurrence by the accused with a different version is not a confession of guilt and the Court, without splitting it up, can reject or accept the same in toto, but if the admission in parts or full is of the nature which provides support to prosecution case which is proved through reliable evidence, then of course such statement/confession can be used for the purpose of corroboration and supporting evidence; and
(vii) Where there is other prosecution evidence in field which is believable then of course a portion of the confession may, in the light of that evidence, be rejected while acting upon the remainder with the other evidence; and
2023 S C M R 139
Safe custody and transmission of sample parcels to the office of Chemical Examiner not established---In cases under section 9(c) of the Control of Narcotic Substances Act, 1997, it is duty of the prosecution to establish each and every step from the stage of recovery, making of sample parcels, safe custody of sample parcels and safe transmission of the sample parcels to the concerned laboratory---Such chain has to be established by the prosecution and if any link is missing in such like offences the benefit must be extended to the accused---In a case containing the said defect on the part of the prosecution it cannot be held with any degree of certainty that the prosecution had succeeded in establishing its case against an accused person beyond any reasonable doubt.
2023 S C M R 139
Judicial and extra-judicial confession---Scope---Any confession made by an accused, whether judicial or extra-judicial, should be taken into consideration in toto and could not be split into pieces, nor any part of the same can be taken to favour the prosecution---Any such confession may be taken into consideration but the court cannot select out of the statement, the passage, which goes against the accused---Such confession must be accepted or rejected as a whole; it is not open to accept only a part of the confessional statement of the petitioner and reject the other part while maintaining his conviction---Confession has to be read as a whole and not by relying only on the inculpatory part of the confession/the statement.
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