Involuntary confession cannot support conviction when coercion is likely and the remaining circumstances do not prove guilt.

A confession alleged to have been obtained by coercion from persons in authority was found unsafe to accept as voluntary or trustworthy. The surrounding circumstances, including unexplained injuries, an early complaint of threat and assault, and the manner of interrogation, supported the view that the statement was procured under pressure. Once that confession was excluded, the remaining facts, such as the appellant being seen near the flat, possession of keys, and a similar bandi, were not inconsistent with innocence and were insufficient to sustain a conviction for conspiracy and customs offences. A conviction resting mainly on an involuntary confession cannot stand.

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Issues: Whether the appellant's conviction for conspiracy and customs offences could be sustained when the prosecution case substantially depended on a confession alleged to have been obtained under coercion.

Analysis: The surrounding circumstances showed that the appellant's alleged confession was not safe to accept as voluntary or trustworthy. The court found that the physical condition of a co-accused, the absence of a satisfactory prosecution explanation for injuries, the early complaint alleging threat and assault, and the overall manner of interrogation made it highly probable that the statement was procured by pressure from persons in authority. Circumstances such as the appellant being seen near the flat, possession of keys, and wearing a similar bandi were held not to be inconsistent with innocence and were insufficient on their own to support conviction once the confession was excluded.

Conclusion: The confession was treated as involuntary and unreliable, and the remaining circumstances were inadequate to sustain the conviction.

Ratio Decidendi: A confession obtained by inducement, threat, or coercion from persons in authority cannot be treated as voluntary or trustworthy, and a conviction resting mainly on such a confession cannot stand.

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