BABA PEER PARAS NATH AND ANR. ETC. versus STATE OF HARYANA

BABA PEER PARAS NATH AND ANR. ETC. versus STATE OF HARYANA

Confessional statements recorded under Section 15 of TADA are not admissible against an accused who was not charged or tried for any offence under TADA; therefore the convictions and sentences of Baba Peer Paras Nath and Baldev Nath (Crl. A. No. 297/1996) based on such confessions were set aside, while the convictions of Kashmir Singh and Jaswant Kaur under Section 3(3) TADA were upheld where retracted confessions were corroborated by independent recoveries and material.

Parties
Appellant: Baba Peer Paras Nath; Appellant: Baldev Nath; Appellant: Kashmir Singh; Appellant: Jaswant Kaur; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
21 August 1996
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence (judgment on Appeal)
Outcome
Criminal Appeal No. 297 of 1996 allowed; convictions and sentences of Baba Peer Paras Nath and Baldev Nath set aside and bail bonds discharged. Criminal Appeal No. 637 of 1996 dismissed; convictions and sentences of Kashmir Singh and Jaswant Kaur under Section 3(3) TADA upheld.
Legal Topics
Confessional Statements Under Section 15 TADA, Admissibility of Confessions Against Co Accused, Section 3(3) TADA Conviction, Sections 307, 34, 109 IPC, Corroboration of Retracted Confessions
Criminal Law Indian Penal Code, 1860 Terrorist and Disruptive (prevention) Activities Act, 1987 Confessional Statements Under Section 15 TADA Admissibility of Confessions Against Co Accused Section 3(3) TADA Conviction Sections 307, 34, 109 IPC Corroboration of Retracted Confessions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Baba Peer Paras Nath

Appellant

Baldev Nath

Appellant

Kashmir Singh

Appellant

Jaswant Kaur

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence (judgment on Appeal)

Legal Issues

  1. 1 Whether a confessional statement recorded under Section 15 of TADA is admissible against a co-accused who is not charged or tried for any offence under TADA
  2. 2 Whether the conviction of Baba Peer Paras Nath and Baldev Nath for offences under Sections 307/34/109 IPC can be sustained when based on retracted confessional statements of co-accused
  3. 3 Whether the convictions of Kashmir Singh and Jaswant Kaur under Section 3(3) TADA are justified by the evidence and corroboration

Ratio Decidendi

Confessional statements recorded under Section 15 of TADA are not admissible against an accused who was not charged or tried for any offence under TADA; therefore the convictions and sentences of Baba Peer Paras Nath and Baldev Nath (Crl. A. No. 297/1996) based on such confessions were set aside, while the convictions of Kashmir Singh and Jaswant Kaur under Section 3(3) TADA were upheld where retracted confessions were corroborated by independent recoveries and material.

Court Disposition

Criminal Appeal No. 297 of 1996 allowed; convictions and sentences of Baba Peer Paras Nath and Baldev Nath set aside and bail bonds discharged. Criminal Appeal No. 637 of 1996 dismissed; convictions and sentences of Kashmir Singh and Jaswant Kaur under Section 3(3) TADA upheld.

Orders

  • Set aside conviction and sentence of Baba Peer Paras Nath and Baldev Nath in Crl. A. No. 297/1996
  • Bail bonds of Baba Peer Paras Nath and Baldev Nath discharged