SARWAN SINGH versus THE STATE OF PUNJAB

SARWAN SINGH versus THE STATE OF PUNJAB

The High Court erred in not considering the reliability of the approver before relying on his testimony; the confession was neither voluntary nor true due to non-compliance with Section 164 CrPC and inconsistencies with prosecution evidence; conviction cannot be sustained on remaining circumstantial evidence.

Parties
Appellant: Sarwan Singh; Appellant: Harbans Singh; Respondent: The State of Punjab; Respondent: T. M. Sen; Appellant: Cyan Chand Mathur
Jurisdiction
India
Judgment Date
10 April 1957
Procedural Posture
Criminal Appeal / Appeal by Special Leave to Supreme Court
Outcome
Conviction and sentence of appellants set aside; appellants acquitted and discharged.
Legal Topics
Confession, Approver Testimony, Corroboration, Section 164 Code of Criminal Procedure
Criminal Law Confession Approver Testimony Corroboration Section 164 Code of Criminal Procedure

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Parties

Sarwan Singh

Appellant

Harbans Singh

Appellant

The State of Punjab

Respondent

T. M. Sen

Respondent

Cyan Chand Mathur

Appellant

Procedural Posture

Criminal Appeal / Appeal by Special Leave to Supreme Court

Legal Issues

  1. 1 Whether the conviction of appellants based on approver's testimony and confession was sustainable
  2. 2 Whether the procedure for recording confession under Section 164 CrPC was followed
  3. 3 Whether the approver's evidence was reliable and sufficiently corroborated

Ratio Decidendi

The High Court erred in not considering the reliability of the approver before relying on his testimony; the confession was neither voluntary nor true due to non-compliance with Section 164 CrPC and inconsistencies with prosecution evidence; conviction cannot be sustained on remaining circumstantial evidence.

Court Disposition

Conviction and sentence of appellants set aside; appellants acquitted and discharged.

Orders

  • Appeal allowed
  • Sarwan Singh acquitted and discharged