Mere confession in absence of evidence cannot be basis for filing chargesheet: Madras HC - Alternative Media Forum


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Saturday, 21 March 2015

Mere confession in absence of evidence cannot be basis for filing chargesheet: Madras HC

Chennai(PTI): Holding that mere confession in the absence of evidence cannot be the basis for filing chargesheet, Madras High Court has quashed a murder case against a man, charged with killing his wife, and six others, accused of abetting it.

The accused need not be made to go through the rigour of trial, as the entire case had been built on mere confessions made by key suspects to police, Justice R S Ramanathan said allowing a petition by the accused seeking quashing of the case in a magistrate court. "Charge sheet cannot be filed against the accused solely on the basis of confession, which does not lead to recovery (of evidence). In this case, except the confession, there is no recovery. Therefore, the confession cannot be the basis for conviction, even accepting it as true," the Judge ruled.

Quoting Supreme Court verdicts, he said "When the confession does not lead to recovery, the confession is inadmissible in law, and the chargesheet based on such confession has no legal basis, and is liable to be quashed." According to police, Natarajan had developed intimacy with another woman, and murdered his wife Vijayalakshmi, in order to marry his paramour.

Besides Natarajan, police had arraigned his parents, sister, brother-in-law and paternal uncle as accused, apparently for having tried to tamper with evidence by destroying mobile phone and personal belongings of the victim. Chargesheet for murder and abetment was filed against the accused before the judicial magistrate court in Paramathi in Namakkal District.

Counsel for the accused submitted that except the confessions of Natarajan and his mother, no other incriminating statements or evidence had been obtained by police, and other evidence like mobile phone too had not been recovered by police.

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