112
has been caused by reason of such a lapse” and argued that here all
the seizure lists are produced before Ld. Court and any delay if any
were properly being explained by P.W. 18 in his cross-examination and
this court finds that there is no such harmful.
The trend of cross examinations from the defense side is that
there were mere suggestions and denials and the fact which had been
established by the witnesses never tilted at any point of time. The
cross examination is based merely on procedural and thus shifts from
the actual case as brought by the prosecution. In 1990 Cr LJ (NOC)
125 it was held that “Defence does not cross-examine on certain
facts. Fact is thus admitted by defence”. In AIR 1963 Assam 151 :
(1963)2 CrLJ 255 it was held that “Mere suggestion in crossexamination unsupported by the statements of the accused and
defence evidence has no evidential value”. In another judgment AIR
1959 Cal 213 it was held that “Suggestion in cross-examination which
is denied by the witnesses is no evidence”.
Principles in respect of evidentiary value and reliability of extra
judicial confessions have been summarized by the Supreme Court in
Sahadevan vs State of T.N (2012) 6 SCC 403 : (2012) 3 SCC (Cri) 146
which reads as under:
(i) The extra – judicial confessions is a weak evidence by itself. It
has to be examined by the court with greater care and caution.
(ii) It should be made voluntarily and should be truthful
(iii) It should inspire confidence.
(iv) An extra judicial confession attains greater credibility and
evidentiary value if it is supported by a chain of cogent circumstances
and is further corroborated by other prosecution evidence.
(v) For an extra judicial confession to be the basis of conviction,
it should not suffer from any material discrepancies and inherent
improbabilities.
(vi) Such statement essentially has to be proved like any other
fact and in accordance with law.
In State vs Kanda Gopaludu (2005) 13 SCC 116: AIR 2005 SC
3616 it was held that “Extra Judicial Confession, if made voluntarily,
can be relied upon to convict the accused”. In AIR 1971 SC 1871:
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