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    <title>2009 (5) TMI 864 - Supreme Court</title>
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    <description>Custodial statements recorded from accused persons in police custody were held unsafe to rely on where voluntariness was not clearly established. The SC noted that the appellants were interrogated while already in custody, their statements were later retracted, and the record lacked independent corroboration to support the prosecution case. In the absence of possession of the contraband by the appellants, the burden did not shift to them. A confession or statement made in police custody, particularly when retracted and uncorroborated, cannot form the basis of conviction unless its voluntary character is clearly proved and supported by independent material.</description>
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    <pubDate>Wed, 06 May 2009 00:00:00 +0530</pubDate>
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      <title>2009 (5) TMI 864 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=161029</link>
      <description>Custodial statements recorded from accused persons in police custody were held unsafe to rely on where voluntariness was not clearly established. The SC noted that the appellants were interrogated while already in custody, their statements were later retracted, and the record lacked independent corroboration to support the prosecution case. In the absence of possession of the contraband by the appellants, the burden did not shift to them. A confession or statement made in police custody, particularly when retracted and uncorroborated, cannot form the basis of conviction unless its voluntary character is clearly proved and supported by independent material.</description>
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      <pubDate>Wed, 06 May 2009 00:00:00 +0530</pubDate>
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