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april 1978

Supreme Court of India · 1978-04-26

SHANKARIA vs STATE OF RAJASTHAN

Citation / case number
SC 1976/60862
Court
Supreme Court of India
Petitioner
SHANKARIA
Respondent
STATE OF RAJASTHAN
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 302 IPC for double murder, emphasizing that a confession recorded under Section 164 of the Criminal Procedure Code must be both voluntary and truthful to be admissible. The Court established a double test for confessions in capital cases: first, whether the confession was voluntary, and second, whether it is true and trustworthy. The appeal was dismissed as the Court found the confession met the required standards despite the appellant's claims of coercion and inadequate time for reflection.

SHANKARIA vs STATE OF RAJASTHAN · Niyam