Allahabad: The Allahabad High Court has held
that an extra-judicial confession could form the basis for
conviction provided the same was made voluntarily, without any
coercion and it corroborate with other circumstances of the
The observation was made by a division bench of Justices
Yatindra Singh and Surendra Singh while hearing the appeal of
a man who had been awarded death sentence by a lower court
which found him guilty of sodomising and murdering his
11-year-old cousin three years ago.
The court, in its judgement, upheld the conviction of
Shafiq, though it commuted the capital punishment awarded to
him by the Sessions Court at Saharanpur to life sentence.
The appellant had killed his cousin Nadeem on July 16,
2007 and had confessed to the crime a day later. He was
subsequently arrested and the police recovered blood-soaked
clothes of the victim as well as the axe used to commit the
murder from his house.
While delivering the judgement, the court ruled that "an
extra-judicial confession, given voluntarily and corroborated
with the other circumstances, can be relied upon....It can
form the basis for conviction".