Statement Of Co-Accused Can't Be Sole Basis To Convict Any Person: Gujarat High Court

The Gujarat High Court has reiterated that Statement of the co-accused or admission of the co-accused cannot be proved in evidence against the maker of it and it cannot be sole base to convict any person.

It also observed that the provisions of Sections 24-26 of the Evidence Act 'clearly' restrict the acceptance of such confession that are made or caused by inducement, threat, promise while referring to the charge against Accused persons.

The observation was made by a Bench comprising Justice BN Karia while hearing an application filed by the State authorities under Section 397 and 401 of CrPC, seeking to quash the order of acquittal passed the Sessions Court, discharging the accused for alleged offences under Section 413 and 120(B) of IPC.

It noted that the Respondent-accused had been roped in case relating to ornament theft, merely on the basis of a statement made a co-accused.

"Accused no.5 had disclosed the name of accused no.6-respondent no.1 herein that he had received the biscuit made from stolen from accused no.5. Except this incriminated statement of co-accused, nothing was brought on record against the accused no.6-respondent no.1 herein," it observed.

The Respondent/ Accused person was alleged to have been a purchaser of the stolen article (gold and silver ornaments). It was insisted that offences under Section 413 were 'serious in nature' which is why the offence is punishable by life imprisonment, as well. It was further averred that every goldsmith is duty bound to maintain purchase and sale records and in the absence of such records, 'there can be a very strong suspicion' about the knowledge on the part of the Respondent in purchasing silver and gold biscuits without any documentation. Hence, the quashment of the Sessions Court's order was sought.