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PETITIONER: KASHMIRA SINGH
Vs.
RESPONDENT: STATE OF MADHYA PRADESH.
DATE OF JUDGMENT: 04/03/1952
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN FAZAL ALI, SAIYID MUKHERJEA, B.K.
CITATION: 1952 AIR 159 1952 SCR 526 CITATOR INFO : F 1952 SC 214 (28) F 1956 SC 56 (5) RF 1957 SC 216 (18) R 1964 SC1184 (12) F 1973 SC1204 (14) R 1987 SC 955 (9)
ACT: Indian Evidence Act (1 of 1872), ss. 3, 30--Confession of co-accused--Evidentiary value--Evidence of accomplice--Necessity of corroboration--Confession--Practice of examining magistrate who recorded the confession.
HEADNOTE: The confession of an accused person against a co-accused is not evidence in the ordinary sense of the term. It does not come within the meaning of evidence contained in sec. 3 of the Indian Evidence Act inasmuch as it is not required to be given on oath, nor in the presence of the accused and cannot be tested by cross-examination. It is a much weaker type of evidence than the evidence of an approver which is not subject to any of these infirmities. Such a confession can only be used to tend assurance to other evidence against a co-accused. The proper way to approach a case of this kind is, first, to marshal the evidence against the accused excluding the confession alto- gether from consideration and see whether, if ...