Supreme Court · 2004 INSC 491 · Decided 2 September 2004
Parmananda Pegu v. State of Assam
- Court
- Supreme Court of India
- Citation
- 2004 INSC 491 · [2004] SUPP. 4 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 1501/2003
- Decided
- 2 September 2004
- Bench
- P. VENKATARAMA REDDI, B.P. SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 365, 302; CrPC Section 164; Evidence Act Section 26
Headnote
Criminal Procedure Code, 1973-Section 164-Confession, recording of-Procedural requirements laid down in sub sections (2) to (4) are mandatory and aimed to ensure that the confession is made voluntarily. Section 164-Retracted confession and corroboration-An accused can be convicted on the basis of that confession cannot be made the foundation of conviction was rendered in the context of considering the utility of that confession as against a co-accused-This ratio was wrongly applied to the case of retracted confession in Chimanlal case-However, usually courts require some corroboration
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