Supreme Court · 2011 INSC 98 · Decided 3 February 2011
Arup Bhuyan v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2011 INSC 98 · [2011] 2 S.C.R. 506
- Case number
- CRIMINAL APPEAL No. 889/2007
- Decided
- 3 February 2011
- Bench
- MARKANDEY KATJU, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act Section 25; Constitution Article 19, 21
Headnote
Terrorist and Disruptive Activities (Prevention) Act, 1987 C - ss. 3(5) and 15- Appellant, allegedly a member of ULFA, a banned organization - Conviction u/s 3(5) on basis of his alleged confessional statement made before the Superintendent of Police (SP) - Sustainability of - Held: Prosecution D of the appellant before the SP which is an extra-judicial confession and there is absence of corroborative material - Thus, it would not be safe to convict the appellant on the basis of alleged confessional statement - Though s. 3(5) makes mere membership of a banned organization criminal, s.
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