unreliable and unworthy of credence. While deposing
on oath, the witness in his examination-in-chief, did
not pertinently state that the accused appellant had
made any extra-judicial confession in his presence. It
is only on the leading questions put by the Public
Prosecutor,
during
cross-examination,
that
the
witness tried to impute that the accused appellant
had admitted, in his presence, that he had made a
mistake.
20. As per Shri Basant, the evidence of extrajudicial confession is even otherwise of very weak
nature and thus, the conviction cannot be solely
based on such evidence. In addition thereto, his
contention was that the version of the witness (PW17) regarding the so-called extra-judicial confession
made by the accused appellant, is very vague and
vacillating and hence, no reliance can be placed on
his testimony.
16
Criminal Appeal No(s). 1954-1955 of 2022
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