Mixed confession can be relied on in part when independent evidence supports the incriminating version.

A confession or recorded statement containing both inculpatory and exculpatory elements need not be accepted or rejected as a whole. Where independent evidence exists, the court may act on the part that is consistent with the record and reject portions that are false, inherently improbable, or contradicted by surrounding circumstances. Here, the exculpatory version was found unacceptable in light of the appellant's presence, bloodstained articles, a knife, injury on his hand, and his post-occurrence conduct, so the conviction and sentence were maintained.

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Issues: Whether the appellant's recorded statement could be relied upon in part while rejecting the rest, and whether the remaining circumstantial evidence was sufficient to sustain the conviction.

Analysis: The statement made before the Mukhiya contained both incriminating and exculpatory elements. The rule that an admission or confession must always be accepted either in full or not at all was rejected as too broad. Where other evidence exists, the court may test the statement against that evidence and may reject parts found to be false, inherently improbable, or contradicted by the record while acting on the remainder. The appellant's exculpatory version was found to be wholly unacceptable and inconsistent with the surrounding circumstances, including his presence in the compartment, the bloodstained articles, the knife, the injury on his hand, and the conduct immediately after the .

Conclusion: The statement was admissible and the court could rely on its inculpatory part while rejecting the false exculpatory part; the conviction was properly supported by the evidence.

Final Conclusion: The appeal failed and the conviction and sentence were maintained on the basis of the accepted portion of the statement read with the other incriminating circumstances.

Ratio Decidendi: An admission or confession containing both inculpatory and exculpatory elements need not be accepted or rejected as a single indivisible whole where other evidence independently supports the prosecution case and the rejected part is found to be false or inherently improbable.

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