DEVENDER PAL SINGH versus STATE N.C.T. OF DELHI AND ANR.

Citation: [2002] 2 S.C.R. 767 · Decided: 22-03-2002 · Supreme Court of India · Bench: M.B. SHAH · Disposal: Case Partly allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

DEVENDER PAL SINGH 
v. 
STATE N.C.T. OF DELHI AND ANR. 
MARCH 22, 20002 
[M.B. SHAH, B.N. AGRAWAL AND ARIJIT PASAYAT, JJ.] 
Terrorist and Disruptive Activities (Prevention) Act, 1987-Sections 
3(2)(1), 4,5, and 15-Penal Code, 1860-Section 120-B read with Section 
302, Sections 307, 326, 324, 323, 436 and 427. 
Charges under the TADA Act and Penal Code-Objective of enactment 
A 
B 
c 
of TADA-To control the menace of terrorism by effectively dealing the 
terrorists under the Act-Confessional Statement-Admissibility of-Under 
TADA Act and other criminal proceedings-Recorded by the Superintendent 
and the above rank Police Officer is admissible under Section 15 of TADA- D 
Not admissible in other criminal proceedings unless made before the Magistrate 
except to the extent permitted under Section 27 of the Evidence Act-Evidence 
Act, 1872-Sections 25 and 27. 
Confessional Statement-Voluntary-It should be made out of the free 
will of the maker and inspired by the sound of conscience to speak only E 
truth-Challenge by the accused that statement is not voluntary-Burden is on 
the prosecution to prove that it is recorded as per the provision under TADA! 
Evidence Act, then accused has to prove and satis.fY the Court that statement 
was not made voluntarily. 
Confessional Statement-Corroboration-Requirement of No F 
corroboration is necessary if confessional Statement made is voluntary. 
Penal Code, 1860-Section 120 B: 
Criminal conspiracy-The essence is formation of unlawful combination 
and an agreement to do an illegal Act which can be proved by direct or G 
circumstantial evidence, overt act is not essential in furtherance of conspiracy. 
Evidence Act, 1872: Section / !4(e). 
Presumption-Official and Judicial act-Performing of-Official and 
H 
767 
768 
SUPREME COURT REPORTS 
[2002] 2 S.C.R. 
A Judicial acts have been regularly performed/being performed by persons 
including Police Officer by acting honestly-Presumption as to. 
Appreciation of evidence-Confession of co-accused-On the· basis of. 
trustworthy evidence establishing all links of circumstantial evidence, the 
confession of co-accused can be taken into consideration even without 
B corroboration of evidence. 
Sentencing: 
. The dastardly acts committed by the accused were diabolic in conception 
C and cruel in execution-Any compassion for the accused would amount to 
misplaced and unwarranted sympathy and frustrate the purpose of TADA-
Hence death sentence confirmed 
Words & Phrases: 
D 
'Voluntary' in the context of 'Confession'-'Conspiracy' in the context 
of 'Criminal Conspiracy'. 
r 
According to the prosecution on 11.9.1993, there was an attempt to 
assassinate the then President of Indian Youth Congress (I) when he came 
out of his Office. There was ai:i explosion in a car parked outside his Office 
E resulting in the death of9 persons, 29 persons sustained injuries and a number 
of vehicles caught fire and damaged. Investigation revealed that three accused 
persons/terrorists including appellant were involved in the crime. 
Appellant was in the custody of German authorities and on his arrival 
in India he was handed over to pol!_ce authorities. He tried to swallow Cyanide 
F capsule, but was prevented. Accused were tried under the provisions of TADA 
and I.P.C. by the Designated Court. One of the co-accused was acquitted on 
the ground that neither there was any evidence found against him nor he had 
made any confessional statement. Moreover, there was no material on record 
to corroborate the confessional statement made by the appellant against the 
G co-accused. The Designated Court found appellant guilty of offence punishable 
under Section 3(2)(1) of the Terrorist and Disruptive Activities (Prevention) 
Act and Section 120-B read with Section 302, 307, 326, 324, 323, 436 and 427 
of the Penal Code and sentenced him to death and to pay fine. 
Aggrieved by the Judgment and Order of the Designated Court, 
H appellant moved this Court and State filed Death Reference for confirmation 
D.P. SINGH v. STATE N.C.T. OF DELHI 
769 
of death sentence. 
It was contended for the appellant that the confessional statement was 
neither voluntary nor true and there was no corroborative evidence and so 
the Judgment and Order passed by the Designated Court required to be set 
aside. 
Dismissing the appeal by majority and confirming the death reference, 
the Court 
HELD: Per majority (Arijit Pasaya!, J for himself and B.N. Agrawal, J) 
A 
B 
1.1. While dealing with an

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