SC Upholds Conviction For Dacoity With Murder Based On Confession Statement Of Accused Before Police Officer [Read Judgment]

This Judgment is a clear deviance from well established precedents. A two-Judge Bench of the Supreme Court has recently upheld the conviction of an accused for Dacoity with Murder under Section 396 of Indian Penal Code.Contrary to the binding precedents the Bench has extensively relied on a confessional statement of Accused produced by Police to prove the recovery of some. Contrary to the binding precedents the Bench has extensively relied on a confessional statement of Accused produced by Police to prove the recovery of some incriminating articles under Section 27 of Indian Evidence Act to find the accused guilty. Relying upon the incriminating material as well as depositions and confessional statements of the accused, the trial Court came to the conclusion that the prosecution could prove the guilt of the accused beyond reasonable doubt. But, the Evidence Act provides that even when an accused being in the custody of police makes a statement that reveals some information leading to the recovery of incriminating material or discovery of any fact concerning to the alleged offence, such statement can be proved against him In the case on hand, before looking at the confessional statement made by the accused-appellant in the light of Section 27 of the Evidence Act, may be taken into fold for limited purposes.