SUPREME COURT OF INDIA in Civil Appeal No. 7407 of 2008 decided on 18/12/2008 in re: VINOD SOLANKI vs U.O.I. observed that the Indian Evidence Act, 1872 is a special Act, which confers various powers upon the authorities prescribed therein. Even the salutory principles of MENS REA and ACTUS REUS in a proceeding under the Act may not be held to be applicable. It is now a well settled principle that of innocence as contained in Article 14(2) of the International Covenant on Civil and Political Rights is a human right although PER SE it may not be treated to be a fundamental right within the meaning of Article 21 of the Constitution of India. [See Article 11(1) of the Universla Declaration of Human Rights (1948) and Article 6.2 of the European Convention for the protection of Human Rights and Fundamental Freedoms (1950) and Article 14.2 of the International Covenant on Civil and Political Rights (1966).

It is a trite law that evidences brought on record by way of confession which stood retracted must be substantially corroborated by other independent and cogent evidences, which would lend adequate assurance to the Court that it may seek to rely thereupon.

A person accused of commission of an offence is not expected to prove to the hilt that confession had been obtained from him by any inducement, threat of promise by a person in authority. The burden is on the prosecution to show that the confession is voluntary in nature and not obtained as an outcome of threat etc. if the same is to be relied upon solely for the purpose of securing a conviction. With a view to arrive at a finding as regards the voluntary nature of statement or otherwise of a confession which has since been retracted, the Court must bear in mind the attending circumstances which would include the time of retraction, the nature thereof, the manner in which such retraction has been made and other relevant factors. Law does not say that the accused has to prove that retraction of confession made by him was because of threat, coercion, etc. but the requirement is that it may appear to the Court as such.
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SUPREME COURT JUDGEMENTS