Cuttack: Orissa High Court has ruled that extra-judicial confession cannot be a basis for conviction in a murder case without confirmation of the reason why the accused reposed confidence on the person to disclose about the purported incident and benefit from it.

Extra-judicial confession is a confession made out of court and as such not a part of a judicial examination or investigation.

The high court gave the ruling while setting aside a trial court order convicting an accused and sentencing him to undergo rigorous imprisonment for life for committing murder, on the basis of eye witnesses' account and extra-judicial confession.

It ruled that the order of conviction by the trial court was "not sustainable in the eyes of law" as the eyewitness account was "not acceptable" and the extra-judicial confession "not believable". But by then, the accused had been in jail for more than 14 years.

The high court felt that law was well settled that the extra-judicial confession in very nature of things was a very weak piece of evidence, and the prosecution must prove as to why the accused reposed confidence on the witnesses before whom he made the extra-judicial confession, what benefit he would have got by disclosing about the occurrence. The actual words stated by the accused as far as possible should also come on record.

"When there is no evidence of close acquaintance of the appellant (Batri Santa) with any of the three witnesses nor had they got any status in the society to help the appellant in any manner and the prosecution evidence is silent on all these aspects, it is very difficult to speculate as to what prompted the appellant to confide with those three witnesses to make a voluntary disclosure. Thus, the evidence related to extra-judicial confession does not inspire confidence," the division bench of Justice S.K. Sahoo and Justice S.N. Prasad observed in its December 16 order.

The incident occurred at Kakatbhima village within Raighar police limits in Nabarangpur district on February 3, 2003. The police submitted charge sheet against Batri Santa on May 14, 2003 for killing Guru Santa with an axe.

The Court of Additional Sessions Judge, Nabarangpur Camp, at Umerkote found him guilty, convicted him and sentenced him to rigorous imprisonment for life on February 4, 2005. Batri challenged it in the high court in the same year.

In its ruling, the bench observed "...when the eye witnesses' account is not acceptable, when the evidence relating to the extra-judicial confession is also not believable and ... no attempt has been made by the investigating agency for verification of the finger print on the axe sticking to the head of the deceased, we are of the view that the impugned judgment and order of conviction of the appellant is not sustainable in the eye of law".

"Accordingly, the jail criminal appeal is allowed. The impugned judgment and order of conviction and sentence passed there under is set aside. The appellant is acquitted of the charge under Section 302 of the Indian Penal Code. The appellant, who is in jail custody since the date of his arrest, shall be released forthwith if his detention is not otherwise required in any other case," the bench directed in its order.