Custodial confession reliability requires voluntariness, truthfulness, and dependable corroboration before it can sustain conviction.

A confession recorded in police custody under Section 15 of TADA was found unsafe to rely on because its voluntariness and truthfulness were doubtful. The surrounding circumstances, including the accused's claim that he was made to sign blank papers, the absence of the original or saved electronic record, the typed certificate not being in the recorder's own hand, and non-production before the Magistrate, undermined reliability. The prosecution also showed improvements and inconsistencies, and no independent material corroborated the confession. Because the confession was the sole basis of conviction, it could not sustain the conviction or death sentence, and the accused was acquitted and directed to be released if not wanted in any other case.

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Issues: Whether the confession recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 was voluntary and truthful, and whether it could sustain conviction in the absence of independent corroboration.

Analysis: The confession was recorded by the investigating officer while the accused was in police custody, and the surrounding circumstances created serious doubt about its voluntariness and reliability. The accused's version that he was made to sign blank papers and was under fear at the time of recording was supported by material infirmities, including the absence of the original or saved electronic record, the typed certificate not being under the recorder's own hand, and the failure to produce the confession before the Magistrate when the accused was produced in court. The record also showed that the prosecution version suffered from improvements and inconsistencies, and no independent material corroborated the alleged confession. Where a confession is the sole basis of conviction, the court must be satisfied that it is both voluntary and truthful, and in a custodial setting such a confession cannot safely be relied upon without dependable corroboration.

Conclusion: The confession was not a safe foundation for conviction, and the appellant could not be convicted solely on its basis.

Final Conclusion: The conviction and death sentence were set aside, and the appellant was acquitted and directed to be released forthwith if not required in any other case.

Ratio Decidendi: A confession recorded in custody can be relied upon only if the court is satisfied that it was voluntarily and truthfully made and is supported by dependable corroboration where circumstances render it unsafe to act on the confession alone.

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