RAM PRAKASH versus THE STATE OF PUNJAB

RAM PRAKASH versus THE STATE OF PUNJAB

Section 30 permits a court to take into consideration a confession by one accused against a co-accused even if retracted, but conviction of the co-accused should not rest on such retracted confession without full and strong corroboration; on the facts Prem's confession was voluntary, true and strongly corroborated and thus supported the appellant's conviction.

Parties
Appellant: Ram Prakash; Respondent: The State of Punjab; Co Accused: Prem
Jurisdiction
India
Judgment Date
02 September 1958
Procedural Posture
Criminal / Appeal by Special Leave to the Supreme Court From the Punjab High Court
Legal Topics
Retracted Confession, Corroboration, Section 30 Indian Evidence Act
Criminal Law Evidence Retracted Confession Corroboration Section 30 Indian Evidence Act

Case Brief

Summary, issues, holding and outcome

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Parties

Ram Prakash

Appellant

The State of Punjab

Respondent

Prem

Co Accused

Procedural Posture

Criminal / Appeal by Special Leave to the Supreme Court From the Punjab High Court

Legal Issues

  1. 1 Whether a retracted confession of one accused can be used against a co-accused
  2. 2 Whether the confession was voluntary and true
  3. 3 Whether the retracted confession received full and strong corroboration in material particulars to sustain conviction of the co-accused

Ratio Decidendi

Section 30 permits a court to take into consideration a confession by one accused against a co-accused even if retracted, but conviction of the co-accused should not rest on such retracted confession without full and strong corroboration; on the facts Prem's confession was voluntary, true and strongly corroborated and thus supported the appellant's conviction.