CONFESSION OF CO-ACCUSEDAND ITS EVIDENTIARY VALUE
Confession of Co-accused—Section 30:
- Section 30 deals with the confession of the co-accused. The essential of confessions of co-accused are as under—
- Joint trial for the same offence—When more than one person are tried jointly for one & the same offence, they are called co-accused.
- Affecting himself & some other person—This section is exception to the rule that confession of one person is entirely inadmissible against the another. The confession of the accused must implicate himself as well as some other accused.
Illustrations:
- A and B are jointly tried for the murder of C. It is proved that A said—“B and I murdered C”. The Court may consider the effect of this confession as against B.
- A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said—”A and I murdered C”. This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.
Evidentiary value of confession of co-accused:
The Hon’ble Supreme Court in Kashmira Singh vs. State of MP (1952) held that it is a weak kind of evidence and it must be corroborated by other evidence (UP Lower-2003/ CGJ-2008). The rule declared Kashmira’s case was followed in Nathu Vs. State of UP. The confession of co-accused is not evidence as:
- it is not recorded on oath.
- it not given in the presence of the accused.
- such statement can not be cross-examined.
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