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Mere confession cannot be the basis for filing chargesheet, Madras High Court


MANOJ B. PATEL

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MANOJ B. PATEL

zee News, 21.3.2015

 

Chennai: Holding that mere confession in the absence of evidence cannot be the basis for filing chargesheet, Madras High Court has quashed a murder case against a man, charged with killing his wife, and six others, accused of abetting it.

 

 

The accused need not be made to go through the rigour of trial, as the entire case had been built on mere confessions made by key suspects to police, Justice R S Ramanathan said allowing a petition by the accused seeking quashing of the case in a magistrate court.

 

"Charge sheet cannot be filed against the accused solely on the basis of confession, which does not lead to recovery (of evidence). In this case, except the confession, there is no recovery. Therefore, the confession cannot be the basis for conviction, even accepting it as true," the Judge ruled.

 

Quoting Supreme Court verdicts, he said "When the confession does not lead to recovery, the confession is inadmissible in law, and the chargesheet based on such confession has no legal basis, and is liable to be quashed."

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