LexSTATE OF PUNJAB versus GURDEEP SINGH
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STATE OF PUNJAB v. GURDEEP SINGH SEPTEMBER 8, 1999 [K.T. THOMAS, D.P. MOHAPATRA AND UMESH C. BANERJEE, JJ.] Penal Code, 1860: Sections 302, 376 and 201-Deceased minor girl raped and murdered-Complaint lodged with the police-Evidence of PW- A B 7 that the respondent, after 24 days of the incident, confessed of his raping C and murdering the deceased-Respondent convicted by Trial Court under Sections 302, 376 and 201-Evidence of PW-7 accepted by the Court as being corroborated by the evidence of RS-Appeal to the High Court- Allowed on the ground that the extra judicial confession after a long lapse of time was inconsequent-Present appeal filed-Held-Delayed extra judicial D confession before a person wholly unconnected with the police is gravely doubtful-PW-7 known to the respondent casually-No cogent reason for confessing before PW-7-Reaction of RS to respondent'sfol/owing the deceased at night not normal-RS 'S evidence not trustworthy for corroboration- Nothing else available to point towards the guilt of the respondent. Words & Phrases: 'Confession '-Meaning of The deceased was a young girl of 10 years. On the day of occurrence, E the deceased had gone to the house of respondent along with her younger p brother at around 7.30/8.00 P.M. to watch television. RS, an uncle of the deceased also accompanied the children to the respondent's house. Later, when the deceased left the house of the respondent to go back to her house, the said RS also came out and found the respondent in a drunken state following the deceased on her way home around 8'0 clock in the evening. However, the deceased did not reach home but RS reached home and bad his G meal alongwith the deceased's parents. The younger brother of the deceased followed soon. The girl had returned back from the respondent's house; no effort was made to search the missing girl. Only when the said RS left for bis house after the meal, the father of the deceased tried to search for the deceased and went to the house of respondent where be could not get much H 237 238 SUPREME COURT REPORTS [1999] SUPP. 2 S.C.R. A information about his daughter as the respondent was heavily drunk. Next morning, PW-4 found the dead body of the deceased lying under the heap of turi in her verandah. On this, she immediately called the father of the deceased who went to the police station to lodge a complaint. According to the post md,rtem report, the death was caused due to an injury in the front B side of the neck and the deceased was found to be subjected to rape before the murder. According to an extra judicial confession by the respondent to PW-7 made after 24 days of the incident, the respondent had come to him and told him that he had committed rape on the deceased and murdered her. The Trial Court, accepting the evidence of PW-7 by reason of the fact C that it had been corroborated by the evidence of RS who had stated that he had found the respondent following the deceased in a drunken condition, convicted the respondent under Sections 302, 376 and 201 IPC. Appeal to the High Court was allowed on the ground that extra judicial confession after long lapse of time is of no consequence. Hence the present appeal. D Dismissing the appeal, the Court HELD : 1.1. Confession in common acceptation means and implies acknowledgment of guilt- its evidentiary value and its acceptability, however, shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position E having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is infact voluntary and without there being any doubt in regard thereto, an order of conviction can be founded on such evidence. (240-E-F] 1.2. Extra judicial confession by itself if otherwise in conformity with F the law, can be treated as substantive evidence, and in appropriate cases it can be used to punish an offender. However, this statement of law stands qualified to the extent that the Court should insist on some assuring material or circumstance to treat the same as piece of substantive evidence . . [246-A-B] G 1.3. Confession in the normal course of events is made to avoid harassment by the police and to a person who could otherwise protect the accused against such a harassment. The records in the present appeal do not reflec
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