PAWAN KUMAR CHOURASIA versus STATE OF BIHAR

PAWAN KUMAR CHOURASIA versus STATE OF BIHAR

The prosecution's case rested solely on an extra-judicial confession which did not inspire confidence because many prosecution witnesses were hostile, the three supporting witnesses (P.W.7 to P.W.9) gave inconsistent accounts about the place and circumstances of the alleged confession and failed to report to police,...

Source-derived case information.

Parties
Appellant: Pawan Kumar Chourasia; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
14 March 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal by the Supreme Court
Outcome
Appeal allowed; impugned judgments set aside; appellant acquitted.
Legal Topics
Extra Judicial Confession, Evidentiary Value, Corroboration, Section 302 IPC, Section 201 IPC, Section 34 IPC
Criminal Law Evidence Extra Judicial Confession Evidentiary Value Corroboration Section 302 IPC Section 201 IPC Section 34 IPC

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Parties

Pawan Kumar Chourasia

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal by the Supreme Court

Legal Issues

  1. 1 Whether the conviction can be sustained solely on the basis of an extra-judicial confession
  2. 2 Whether the extra-judicial confession relied upon was voluntary, truthful and reliable
  3. 3 Whether corroborative evidence existed or was required in the facts of the case

Ratio Decidendi

The prosecution's case rested solely on an extra-judicial confession which did not inspire confidence because many prosecution witnesses were hostile, the three supporting witnesses (P.W.7 to P.W.9) gave inconsistent accounts about the place and circumstances of the alleged confession and failed to report to police, and there was no corroborative material evidence nor was a material witness (Bhagirath) examined; therefore the extra-judicial confession was to be discarded and in absence of any other evidence the conviction could not be sustained, warranting acquittal.

Court Disposition

Appeal allowed; impugned judgments set aside; appellant acquitted.

Orders

  • Impugned judgments set aside
  • Appellant Pawan Kumar Chourasia acquitted of the offences alleged against him