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