Witnesses Of Extra-Judicial Confession Related To Victim, 'Tailor-Made' To Bolster Prosecution Case: Rajasthan HC Grants Bail To Kidnapping Accused

The Rajasthan High Court has granted bail to an accused booked under Section 365 for kidnapping upon finding that after the eye-witness of the prosecution turned hostile, the case relied on two other prosecution witnesses to whom the accused had allegedly confessed the commission of the offence. However, the Court found that witnesses to be tailor-made only to bolster the prosecution case.

The bench of Justice Farjand Ali highlighted two peculiar facts about the scenario. Firstly, it was stated that the two witnesses of the alleged extra-judicial confession of the accused were total strangers to him while they were relatives of the victim i.e. the opposite side.

Furthermore, the Court also pointed out that the statements of these two witnesses were recorded after about 1.5 months from the date of the incident.

In this background, the Court observed that a prolonged delay in recording statements of such important witnesses that too from the opposite side could flip the entire case and raise serious doubts regarding the genuineness and credibility of the investigation.

Furthermore, the Court also expressed significant surprise over the accused confessing to the commission of the crime to total strangers who had some connections with the victim. It opined:

“Ordinarily, as a rule of common prudence, a man who commits an offence would confess before a person with whom he is divinely or spiritually attached, or a person on whom he possess full confidence or trust or a person with whom he expects assistance or help or any other person having keen relation as a family member or a confession can be made to a priest, but in any wildest imagination, an accused shall not make confession before a person having connection with the opposite party.”

In light of these circumstances, the Court observed that there were serious apprehensions that the two witnesses were near relatives of the victim who were tailor-made witnesses to make a strong case in favour of the prosecution.

Accordingly, the Court allowed the bail application observing that the delayed recording of such important witnesses, that too of enemy witnesses persuaded the Court to allow the bail application.

Title: Surajbhan v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 169

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