BABUBHAI UDESINH PARMAR vs STATE OF GUJARAT

The Supreme Court held that the conviction of the appellant for the rape and murder of a minor girl, Savita, was not sustainable as it relied solely on a retracted judicial confession, which cannot be the sole basis for conviction under Section 313 of the Code of Criminal Procedure. The Court emphasized that the prosecution failed to provide any corroborative evidence to substantiate the guilt of the appellant, leading to the conclusion that the evidence was insufficient to uphold the death penalty imposed by the Sessions Judge and affirmed by the High Court. Consequently, the Court acquitted the appellant of all charges.