The utility of an extra judicial confession as evidence in a murder trial is weak if there is no corroboration.
Criminal Appeal No. 2230 of 2010 in the Supreme Court of India involved the conviction of an accused for murder based on an extra-judicial confession.
The evidentiary value of such a confession is generally weak, but it can sustain a conviction if it is voluntary and truthful. The reliability of the confession is also important, and it is expected to be made to someone in whom the confessor has implicit faith.
“The prosecution’s case about extrajudicial confession does not inspire confidence at all. Moreover, there are no other circumstances brought on record which could support or corroborate the prosecution case. Therefore, in our considered view, the evidence in form of the extrajudicial confession of the appellant deserves to be discarded. Admittedly, there is no other evidence against the appellant. Therefore, the conviction of the appellant cannot be sustained.”
Pawan Kumar Chourasia …..Appellant
Versus
State of Bihar …..Respondent decided by the Supreme Court on 14.03.2023