ABDUL VAHAB ABDULMAJID SHAIKH AND ORS. versus STATE OF GUJARAT

ABDUL VAHAB ABDULMAJID SHAIKH AND ORS. versus STATE OF GUJARAT

The confessional statement given by A-12 was voluntary, reliable, and admissible, having been made with all procedural safeguards, running into several pages, providing intricate details of the crime, and being corroborated by other evidence. Retraction alone does not render it inadmissible. Conviction on this basis is upheld and is not illegal.

Parties
Appellants: Abdul Vahab Abdulmajid Shaikh and Ors.; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
24 April 2007
Procedural Posture
Criminal Appeal / Appeal From Conviction/acquittal by Designated Judge (tada), Final Decision
Outcome
Appeals dismissed
Legal Topics
Confessional Statement, Evidentiary Value, Kidnapping, Extortion, Conspiracy
Criminal Law Special Laws (tada) Confessional Statement Evidentiary Value Kidnapping Extortion Conspiracy

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Parties

Abdul Vahab Abdulmajid Shaikh and Ors.

Appellants

State of Gujarat

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction/acquittal by Designated Judge (tada), Final Decision

Legal Issues

  1. 1 Whether the confessional statement of A-12 is voluntary, reliable, and admissible as evidence for conviction under TADA and IPC.
  2. 2 Whether conviction can be based primarily on a co-accused’s confessional statement corroborated by other evidence.

Ratio Decidendi

The confessional statement given by A-12 was voluntary, reliable, and admissible, having been made with all procedural safeguards, running into several pages, providing intricate details of the crime, and being corroborated by other evidence. Retraction alone does not render it inadmissible. Conviction on this basis is upheld and is not illegal.

Court Disposition

Appeals dismissed

Orders

  • Criminal Appeal No. 1228/2004 filed by the accused dismissed; convictions upheld.
  • Criminal Appeal Nos. 129/2005 and 130/2005 filed by the State against acquittals also dismissed.