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    <title>2009 (8) TMI 1305 - Supreme Court</title>
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    <description>Properly recorded confessions under the Maharashtra Control of Organised Crime Act were treated as substantive evidence, and could be relied on against the maker and, with appropriate evidentiary weight, against a co-accused tried in the same case; corroborative telephone records, recoveries and identification evidence reinforced conviction. On the evidence, the convictions of Accused Nos. 1, 4 and 8 were maintained, while the High Court&#039;s acquittal of Accused Nos. 5 and 6 was set aside because eyewitness, test identification, recovery, ballistic and confessional material established their participation beyond reasonable doubt. The death penalty for Accused No. 7 was not restored because capital punishment is confined to the narrowest cases and the lesser sentence was not shown to be unquestionably foreclosed.</description>
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    <pubDate>Thu, 06 Aug 2009 00:00:00 +0530</pubDate>
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      <title>2009 (8) TMI 1305 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=460864</link>
      <description>Properly recorded confessions under the Maharashtra Control of Organised Crime Act were treated as substantive evidence, and could be relied on against the maker and, with appropriate evidentiary weight, against a co-accused tried in the same case; corroborative telephone records, recoveries and identification evidence reinforced conviction. On the evidence, the convictions of Accused Nos. 1, 4 and 8 were maintained, while the High Court&#039;s acquittal of Accused Nos. 5 and 6 was set aside because eyewitness, test identification, recovery, ballistic and confessional material established their participation beyond reasonable doubt. The death penalty for Accused No. 7 was not restored because capital punishment is confined to the narrowest cases and the lesser sentence was not shown to be unquestionably foreclosed.</description>
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      <pubDate>Thu, 06 Aug 2009 00:00:00 +0530</pubDate>
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