BASKARAN & ANR. versus STATE OF TAMIL NADU

BASKARAN & ANR. versus STATE OF TAMIL NADU

The extra-judicial confessions by the accused were found credible and were corroborated by independent evidence (post-mortem report indicating death by strangulation and injuries consistent with rape, recovery memos, and witnesses including Village Administrative Officers); accordingly the convictions were upheld —...

Source-derived case information.

Parties
Appellant: Baskaran; Respondent: State of Tamil Nadu
Jurisdiction
India
Judgment Date
25 April 2014
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Dated 09.11.2006 (criminal Appeal No. 9 of 2005); Supreme Court Criminal Appeal No. 121 of 2008
Outcome
Appeal dismissed; convictions and sentences of the High Court affirmed in respect of the first appellant; second appellant's conviction for murder under Section 302 IPC was set aside by the High Court and his conviction under Section 376 IPC was maintained.
Legal Topics
Extra Judicial Confession, Rape, Murder, Corroboration, Post Mortem Evidence, Circumstantial Evidence, Hostile Witness
Criminal Law Evidence Extra Judicial Confession Rape Murder Corroboration Post Mortem Evidence Circumstantial Evidence +1 more

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Parties

Baskaran

Appellant

State of Tamil Nadu

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Dated 09.11.2006 (criminal Appeal No. 9 of 2005); Supreme Court Criminal Appeal No. 121 of 2008

Legal Issues

  1. 1 Whether appellants could be convicted solely on the basis of extra-judicial confessions witnessed by persons who later turned hostile
  2. 2 Whether the death was homicidal and rape was committed on the victim as alleged

Ratio Decidendi

The extra-judicial confessions by the accused were found credible and were corroborated by independent evidence (post-mortem report indicating death by strangulation and injuries consistent with rape, recovery memos, and witnesses including Village Administrative Officers); accordingly the convictions were upheld — A‑1 convicted of rape and murder and A‑2 convicted of rape but rightly acquitted of murder.

Court Disposition

Appeal dismissed; convictions and sentences of the High Court affirmed in respect of the first appellant; second appellant's conviction for murder under Section 302 IPC was set aside by the High Court and his conviction under Section 376 IPC was maintained.

Orders

  • Appeal dismissed
  • Convictions and sentences of the High Court affirmed