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1985 (3) TMI 305
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.... the Petitioner. CHINNAPPA REDDY, J. This Special Leave Petition by the first accused in Session Case No. 134 of 1980 before the Sessions Judge, Sholapur whose conviction by the Sessions Judge under section 302 has been confirmed by the High Court, has to be dismissed as it rests entirely on appreciation of evidence. While dismissing the Special Leave Petition we are however, constraint to m....
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....a verdict of guilt. The confessional statement alone and by itself would lead us nowhere; if one of the legs of the tripod on which the prosecution bases its case gives way, the whole case like Humpty Dumpty would come tumbling down and the additional fourth leg-that is, the confession, will not, like all the King's horses and all the King's men would put Humpty Dumpty together." ....
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....a confession cannot be the foundation of a conviction but can only constitute 'a fourth leg to a tripod'. This statement has been repeated again in paragraph 30, where the High Court has observed "the confession alone and by itself cannot prove the guilt of an accused." We are not a little surprised that such a statement should have been made by the High Court. We wish to make it clear and....