The
Hon’ble Supreme Court in a case based on circumstantial and extra judicial
confessional (decided on 18.04.2013), titled as “Sahib Hussain @ Sahib Jan vs. State of Rajasthan”, bearing Criminal Appeal No 2083-2084 of 2008, has held
that:
The extra judicial confession, though a weak
type of evidence, can form the basis for conviction if the confession made by
the accused is voluntary, true and trustworthy. In other words, if it inspires
the confidence, it can be acted upon. [Para 10]
On
the facts of the case, the Court noted the following points and dismissed the
appeal:
(i)
PW 1 [who heard accused confession before PW 4] and 4 [before whom the accused
confessed], in the manner in which they deposed before the Court and the
details stated by them are acceptable and there is no valid reason to
disbelieve their statements. Their evidence very clearly establishes that the
accused was the person who was involved in the incident occurred.
(ii)
Evidence of PW 4 is reliable, acceptable and inspires our confidence. The
evidence of PW-4 supports the stand taken by PW-1. It is also on record that
PW-4 was the friend of the accused and they were residing in the same area. In
those circumstances, the confession made by the accused to PW-4 can be acted
upon along with other material evidence.
The
Court while dismissing the appeal of the accused also noted the following
points:
Disclosure
statement
(i)
On the basis of his disclosure statement of the accused, a blood stained axe,
cloths worn by him, pair of blood stained chappal were recovered/seized.
Ongoing through the evidence, both the courts below found that the recoveries
are acceptable.
Conduct
of accused
(ii)
Absconding from the scene would establish the guilt of the accused and rule out
hypothesis of innocence. In the case on hand, it has come out from the evidence
that immediately after the incident, he left village Kunda and boarded a bus to
Delhi.
(iii)
While in bus when the accused was asked about his identity, initially, he gave
his false name as Zakir Hussain. On being interrogated, he disclosed his
correct name as Sahib Hussain and, thereafter, he was handed over to Police
Station Aamer. There is no proper explanation by the accused even under Section
313 statement for his sudden departure from the scene and going to Delhi. In
the absence of any reason, the conduct of the appellant supports the case of
the prosecution.
Motive
(iv)
Evidence of PW-1, corroborated by the evidence of PW 4 that on the day of Eid
there was a quarrel between the deceased and the accused.
FSL
Report and DNA Report
(v) The
FSL report and DNA report matches with the blood group of the deceased and the
blood group found on the chappals, pant, shirt and axe. The above reports
support the case of the prosecution.
Statement
under section 313
(vi) The statement of the accused recorded under
Section 313 of the Code shows that the appellant has neither denied nor stated about
the incriminating circumstances relied on by the prosecution