NEW DELHI: The Supreme Court has ruled that “extra-judicial” confession can be acted upon to convict a person if a court is satisfied that it is voluntary. The court held this even while observing that extra-judicial” confession was a “weak piece of evidence”. A Bench of Justices R Banumathi and Indira Banerjee said in cases of extra-judicial confession, courts must ensure that it is corroborated by other prosecution evidence.
“If the court is satisfied that the extra-judicial confession is voluntary, it can be acted upon to base the conviction,” the Bench said. However, rule of prudence required that wherever possible, such voluntary confession should be corroborated by independent evidence, the court noted.
“Extra-judicial confession is a weak piece of evidence and the court must ensure that the same inspires confidence and is corroborated by other prosecution evidence,” the Bench stressed. The ruling came in a case in which the apex court upheld the conviction of a former bank employee for offences under provisions of the Prevention of Corruption Act and the Indian Penal Code Sections that deal with falsification of accounts.
The Bench, however, reduced the convict’s five-year jail term to three years. The petitioner had told the court that he was convicted in the case based on his confessional statements to two seniors.