SHARAFA THUSSAIN ABDULRAHAMAN SHAIKH AND ORS. versus STATE OF GUJARAT AND ANR.

SHARAFA THUSSAIN ABDULRAHAMAN SHAIKH AND ORS. versus STATE OF GUJARAT AND ANR.

In the absence of the mandatory certificate by the recording police officer regarding the voluntariness of the confession under Rule 15(3)(b) of the TADA Rules, and in the absence of oral testimony to that effect, the confessions cannot be used as evidence against the accused. Without such evidence, the convictions cannot be sustained.

Parties
Appellants: Sharafa Thussain Abdulrahaman Shaikh and Ors.; Respondents: State of Gujarat and Anr.
Jurisdiction
India
Judgment Date
22 November 1996
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Designated Court, Ahmedabad
Outcome
Appeal allowed
Legal Topics
Admissibility of Confession, TADA Procedure, Judicial Certification of Voluntariness
Criminal Law Terrorism Law Admissibility of Confession TADA Procedure Judicial Certification of Voluntariness

Case Brief

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Parties

Sharafa Thussain Abdulrahaman Shaikh and Ors.

Appellants

State of Gujarat and Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Designated Court, Ahmedabad

Legal Issues

  1. 1 Whether confessions recorded under Section 15 of TADA without the mandatory certificate of voluntariness can be used to convict the accused

Ratio Decidendi

In the absence of the mandatory certificate by the recording police officer regarding the voluntariness of the confession under Rule 15(3)(b) of the TADA Rules, and in the absence of oral testimony to that effect, the confessions cannot be used as evidence against the accused. Without such evidence, the convictions cannot be sustained.

Court Disposition

Appeal allowed

Orders

  • Convictions and sentences of the appellants are set aside.
  • Appellants to be released forthwith unless wanted in connection with some other case.