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A Non-Voluntary Confession Can’t Form Basis Of Conviction

The Supreme Court in SEENI NAINAR MOHAMMED Vs STATE REP. BY DEPUTY SUPERINTENDENT OF POLICE has set aside conviction of accused of murdering a
Hindu Munnani Activist in Madurai.

The Bench comprising Justice Pinaki Chandra Ghose and Justice RF Nariman held that the sanction order was illegal and hence the criminal proceedings for prosecution under the TADA Act are vitiated entirely and that TADA court grossly erred in taking cognizance of the case.

The Bench observed that the Court convicted the accused under the TADA Act on the basis of confession of A-6 and not on the basis of any other material. “Confessions of A-1 and A-6 are involuntary as they were taken in the immediate custody of high security of CBI and a non-voluntary confession cannot form the basis of conviction”, the Bench said.

 Article referred:http://www.livelaw.in/non-voluntary-confession-cant-form-basis-conviction-sc-acquits-accused-hindu-munnani-activist-murder-case/

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