Evidence Act 1872 (1 of 1872) - S. 30

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Judgement delivered 01.04.2020

Evidence Act - Section 30 - TADA Act - Section 15(1)  - Admissibility of confession of a co-accused where joint trial has not taken place  -  Appellant was absconding -  That is why, joint trial of the appellant with the other two accused persons could not be held -  Section 15 of the TADA Act specifically provides that the confession recorded shall be admissible in trial of a co-accused for offence committed and tried in the same case together with the accused who makes the confession -  If for any reason, a joint trial is not held, the confession of a co-accused cannot be held to be admissible in evidence against another accused who would face trial at a later point of time in the same case -  Since the trial of the other two accused persons was separate, their confession statements are not admissible in evidence and the same cannot be taken as evidence against the appellant – Conviction set aside.

Ananta Dixit v. The State, 1984 Crl. L.J. 1126 (Orissa), agreed 

TADA Act - Section 15(1)  -

2020 SCeJ 460  

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