Holding

A voluntary and truthful confessional statement under Section 15 of the TADA Act is substantive evidence that does not require corroboration, and therefore the appellant's conviction based on such confession is valid.

Summary

Ravinder Singh was convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987, the IPC, the Explosive Substances Act and the Arms Act for robbery, killing police officers and a train bomb blast that killed 12 and injured 65. The conviction rested on his voluntary confessional statement recorded under Section 15 of TADA, the co‑accused’s confession, the approver’s testimony and the identification of the appellant by a bomb‑blast victim (PW‑3). On appeal, the appellant argued that contradictions between his confession and the co‑accused’s confession, the delay in the identification parade and the unreliability of the approver’s statements rendered the confession inadmissible and required corroboration. The Supreme Court held that a voluntary and truthful confession under Section 15 of TADA is substantive evidence that does not need corroboration, that minor inconsistencies are immaterial, and that the identification by PW‑3 was reliable despite the delay. Consequently, the Court dismissed the appeal and upheld the conviction.

Issues considered

Whether a confessional statement recorded under Section 15 of the TADA Act is admissible as substantive evidence without corroboration.
Whether contradictions between the appellant's confession and the co‑accused's confession affect the admissibility of the confession.
Whether the delayed identification of the appellant by PW‑3 is reliable for conviction.
Whether the approver's testimony is necessary for sustaining the conviction.

Legislation cited

Arms Act, 1959s. 25
Code of Criminal Procedure, 1973s. 306(4)(a), s. 313
Indian Evidence Act, 1872s. 24, s. 25, s. 26, s. 28, s. 29, s. 30
Indian Penal Code, 1860s. 120, s. 302, s. 307, s. 34, s. 392
Terrorist and Disruptive Activities (Prevention) Act, 1987s. 15

Subjects

confessionTADA Actcorroborationidentification paradeapprover testimonycriminal lawevidenceconvictionappeal

Judgment

A RA VIN DER SINGH @ BITTU
v.
THE ST A TE OF MAHARASHTRA

APRIL 30, 2002

B [UMESH C. BANERJEE AND Y.K. SABHARWAL, JJ.]

Terrorist and Disruptive Activities (Prevention) Act, 1987. Sections 3
and 4 read with Section 120 !PC-Penal Code, 1860-Sections 302 read with )-,__
34, 307 read with 34 and 392 read with 34. Explosive Substances Act, 1984-
c s.3.-Arms Act, 1959-s.25. Prosecution under-Reliance on corifessional
statements ofaccused, co-accused and on prosecution witnesses-Conviction--
On appeal conviction upheld.

Terrorist and Disruptive Activities Act, 1987-Section 15--Corifessional
D statements-Reliance on-Corroboration for-Held, voluntary and truthfal
statement does not require corroboration.

Appellant-accused and co-accused were convicted by Designated
7-
Court under Sections 3 and 4 of Terrorist and Disruptive Activities ~

(Prevention) Act, 1987 read with Section 120 IPC, Under Section 302 read ~

E with Section 34, Section 307 read with Section 34, Section 392 read-with
Section 34 IPC; under Section 3 of Explosive Substances Act, 1984; and
under Section 25 of Arms Act, 1959, for having committed robbery, firing
at police resulting in killing of 3 police personnel, having caused bomb blast
in train resulting in death of 12 and injuries to 65 persons. The conviction
was based on confessional statements of the appellant and the co-accused,
F on evidence of PWl, the approver and PW-3. PW-3 was witness to the
Bomb blast case, who had identified the appellant in test identification parade. ~

In appeal to this Court, appellant contended that confessional
statement of appellant could not be relied on as there was inherent
G contradiction in his statement when compared to the statement made by
co-accused; and that identification by PW-3 was doubtful and there were
contradictions in her statement and there was delay of few months in test
identification parade.

Dismissing the appeal, the Court
H 622
RA VIN DER SINGH v. STATE OF MAHARASHTRA 623

HELD: 1. The conviction deserve to be maintained. There is no reason A
to discard confessional statement of the co-accused, the evidence of PW-3

-
and the confessional statement of the appellant. 1631-DJ

2. A voluntary and truthful confessional statement recorded under
Section 15 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 B
requires no corroboration. It deserves the highest credit. It is presumed to
flow from the highest sense of guilt. In view of the facts of the case
confession made by the appellant is voluntary and truthful and was
recorded by due observations of all the safeguards provided under Section
15 and the appellant could be convicted solely on the basis of his confession.
1628-H; 629-A] C
Kalpnath Rai v. State (Through CB/), 11997] 8 SCC 732, distinguished.

State through Superintendent of Police, CBl/S!Tv. Nalini and Ors., 11999]
5 SCC 253; S.N. Dube v. NB. Bhoir and Ors., 12000) 2 SCC 254; State of
Maharashtra .v. Bharat Chaganlal Raghani and Ors., 120011 9 SCC 1; D
Jayawant Dattatray Suryarao v. State of Maharashtra, JT (2001) 9 SC 605
~ and Devender Pal Singh v. State of N. C. T. of Delhi and Anr., JT (2002) 3 SC
• 264, relied on.

3. It cannot be said that the confessional statement of appellant could E
not be relied upon in view of contradictions in his statement with reference
to the confessional statement of the co-accused. Firstly, the confessional
statement made by the appellant is not required to be examined with
reference to the confessional statement made by co-accused and, therefore,
there is no question of contradictions between the two confessions.
Independently, it could not be shown as to why the conviction of the F
appellant could not be maintained on the basis of his confessional statement.
Secondly, the confession made by the appellant requires no corroboration.
Thirdly, the confession has been found to .be truthful and voluntary.
Fourthly, there is general corroboration regarding the implication of the
appellant in the confessional statement made by the co-accused and there G
are no material contradictions in the two confessional statements. The
minor contradictions in the statement of the co-accused when compared
with that of the appellant are of.no consequence. It has not even been shown
that the confession was not voluntary. 1629-C-EJ

4. The version given by the appellant in his confessional statement H
624 SUPREME COURT REPORTS (2002] 3 S.C.R.
'
A finds sufficient corroboration from the testimony of PW-3. The
identification made by her, on the facts and circumstances of the case, Y
cannot be faulted on the ground of delay of few months. The criticism to
her testimony on the basis of minor contradictions is without any substance.
Further, even if corroboration was to be required, though not necessary
in the present case in view of the confessional statement of the accused,
B then too, it would be sufficient if there is a general corroboration of the
important incidents not that the corroborative evidence itself should be
sufficient for conviction. (631-C, DJ ....

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos.
C 805 of 200 I.

From the Judgment and Order dated 12 .3 .1997 of the Designated Court
at N asik in Tada Special Case No. l of 1994.

S. Muralidhar for the Appellant.

D. V.B. Joshi, S.S. Shinde, Ravi Adsure and S.V. Deshpande for the
Respondent.

The Judgment of the Court was delivered by

Y.K. SABHARWAL, J. In this appeal filed under Section 19 of the
E Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA Act) against
the judgment of conviction and order of sentence passed by the Designated
Court, only one of the accused viz. Ravinder Singh @ Bittu is the appellant.
By the impugned judgment and order, the appellant and one Nishan Singh
have been convicted for offence under Sections 3 and 4 of the TADA Act
F read with Section 120 IPC, Section 302 read with Section 34 IPC and Section
3 of the Explosive Substances Act, 1984. They have been sentenced to suffer
imprisonment for life and to pay fine of Rs. 1,000 each in respect of these
offences and in default suffer rigorous imprisonment (RI) for a period of six
months each. They have also been convicted for offence under Section 392
read with Section 34 IPC, Section 25 of the Arms Act and Section 307 read
G with Section 34 IPC and sentenced to suffer RI for a period of I 0 years and
to pay fine of Rs. 1,000 each and in default suffer _RI for six months and for
the other two offences RI for a period of five years each with a similar fine
, and RI in default in payment of fine. The sentences have been directed to run
concurrently.

H The impugned judgment further directs the release of the approver
RAVINDER SINGH v. STATE OF MAHARASHTRA [Y.K. SABHARWAL, I.] 625

Kulvinder Singh @ Kinda and acquits accused Hardeep Singh of all the A
, offences for which he was charged. No appeal has been preferred by Nishan
Singh. We are, thus, concerned in this appeal with the case of the prosecution
against Ravinder Singh @ Bittu only.

The number of incidents as projected by the prosecution before the
designated court were seven, i.e., (1) Hatching of conspiracy in September, B
1991 by the appellant, Nishan Singh, Hardeep Singh, approver and deceased
Pradhan Singh; (2) commission of robbery at Sharma Petrol Pump on 22nd
October, 1991; (3) commission of robbery at Mohadi Petrol Pump, on 25th
October, 1991; (4) Firing on police jeep on 25th October, 1991 and killing
of three police personnel; (5) Preparation of Bomb; (6) Train Bomb blast on C
November 8, 1991 at 10.45 p.m. resulting in death of 12 and injuries to 65
persons; and (7) Encounter with the police and firing by the accused and
police on 2nd December, 1991 resulting in death of Pradhan Singh and arrest
of accused Nishan Singh.

The designated court has held that the appellant committed the robbery D
on 22nd October and 25th October, 1991; fired on police jeep resulting in
.. killing of three police personnel; is guilty of the bomb blast resulting in
deaths and injuries as above and escaped in the encounter which resulted in
de.ath of Pradhan Singh and arrest of Nishan Singh. No separate finding has
been given on hatching of conspiracy. Further the appellant has neith~r been
held to be guilty of preparation of bomb for which only Pradhan Singh has E
been held guilty nor for firing on police in encounter on 2nd December,
1991.

Brief Prosecution Version :

Pradhan Singh with the appellant and Nishan Singh came to Maharashtra F
and they along with Hardeep Singh went to the house of Kulvinder Singh,
the approver, in September, 1991 and planned some activities. The first incident
is of forcible taking of jeep No. MGR-9097 and going on it to Chandrapur.
On 22nd October, 1991 at 9.15 p.m., they committed dacoity at Sharma
Petrol Pump at Bharanj by showing to the staff a pistol and AK-47 and looted G
a sum of Rs. 2,500. On 25th October, 1991 at about 11.45 p.m., they looted
Mohadi Petrol Pump and took away Rs. 17,142. After looting the petrol
pump, while they were going towards Nasik, their jeep was chased by the
police which had received message through control room and as a result of
firing from the jeep on police the driver Sanap, AS! Pardeshi and PC Pardhi
were killed. On 8th November, 1991 the appellant kept a bomb in VT H
626 SUPREME COURT REPORTS (2002] 3 S.C.R.

A Ambarnath local train and as a result of its blast, 12 people lost their lives
and 65 were injured. Deepali (PW-3) identified the appellant as a person who
was sitting in front of her and was inserting his hand in a cloth bag which
was under his seat. He left the cloth bag and got down from train at Thane.
Bomb blast took place at Kalyan Railway Station at l 0.45 p.m. The accused
B were taking shelter at the house of one Jagtar Singh in Arvind Nagar locality
at Chandrapur. Police Inspector Rajjak along with the staff surrounded the
house for the whole night of 1st December, 1991 and entered the house on
the morning of 2nd December, 1991 after alerting his staff. Pradhan Singh,
Nishan Singh and the appellant started running from the backside of the
house. PSI Supare who had taken position at the backside of the house fired
C on Pradhan Singh who fell near the compound wall. In the said incident,
Nishan Singh was arrested on the spot and the appellant escaped. The appellant
was arrested on 6th July, 1992. Nishan Singh made a confessional statement
on 24th April, 1992 and the appellant on 1st December, 1992.

The prosecution to substantiate the charge,s examined 63 witnesses.
D The designated court for holding the appellant guilty has, inter alia, relied
upon the evidence ofDeepali (PW-3), the approver Kulvinder Singh (PW-I},
and the confessional statement of the appellant. It may be noticed that the ~
confessional statement made by the appellant was retracted by him only "
during recording of his statement under Section 313 of the Code of Criminal
E Procedllre.

The main emphasis in the submissions of Mr. Murlidhar, learned counsel
for the appellant, was to demolish the prosecution case in respect of conviction
and sentence of the appellant in the bomb blast case. It was rightly so for the
reason that the acquittal of the appellant in respect of other incidents would
F be of no or little consequence _if his conviction in bomb blast cas~ is maintained,
wherein he has been awarded life imprisonment. ~ '

There is three type of evidence against the appellant. Firstly, the
confessional statement of the appellant. Secondly, the evidence of the approver,
Kulvinder Singh (PW-I) ahd that of his co-accused, Nishan Singh, involving
G the appellant. Thirdly, the evidence of Deepali who identified the appellant
in the test identification parade and stood by that while appearing in court as
PW-3.

In the recording of confessional statement made by the appellant by the
Superintendent of Police, the requirements of law that the statement is not
H made under pressure and infonning the appellant that it can be used against
RAVINDER SINGH v. STATE OF MAHARASHTRA [Y.K. SABHARWAL, J.] 627

him as evidence and that he can be convicted on the basis of the said statement A
and further that the appellant voluntarily and willingly was ready to confess
about the offences committed by him, were duly complied with. The
compliance of these legal .requirements is not under challenge. We are also
satisfied about the compliance of these safeguards.

In his confessional statement besides preparation of the bomb by Pradhan B
Singh, the appellant has stated that he took the bag containing the bomb to
the Kurla Railway Station and boarded the local train for Ambamath; took
seat in the compartment and prior to Thane Railway Station, connected the
wire of the time-bomb and kept the bag below the seat on which he was
sitting and when Thane Railway Station came, leaving the bag, he got down C
from the train and took the bus from Thane to Neral and went to the house
of Kulvinder Singh. He further stated that Pradhan Singh was present in the
house of Kulvinder Singh and he told him about keeping the bomb and on
the next day, he came to know from the newspaper report about the explosion
of the bomb and death of the people. The confession was retracted four years
later at the time of recording of statement of the appellant under Section 3 I3 D
of the Code.

Sections 17 to 31 in Chapter II of Part I of the Indian Eviden'ce Act,
• 1872 deal with admissions and relevance, effect and consequence thereof.
Sections 24, 25, 26, 28 to 30 deal with confessions. Confession is a specie
of admissions. Sections 25 and 26 make a confession made by an accused E
before a Police Officer inadmissible. Section 15 of the TADA Act is an
exception to the provisions which make the confession inadmissible. A
confession made by a person to a Police Officer not lower in rank than a
Superintendent of Police and recorded in the manner provided in the section
is admissible in the trial of such person or co-accused, abettor, or conspirator p
for an offence under the TADA Act or Rules made thereunder.

In the present case, we are concerned with the confession made by the
appellant under Section 15 of the TADA Act and recorded in the manner
provided therein.
G
In Kalpnath Rai v. State (Through CBI} (1997] 8 SCC 732 it was
observed that the confession made by one accused is not substantive evidence
against a co-accused. It has only a corroborative value. In the present case,
we are, however, primarily concerned with the confession made by the maker,
i.e., the appellant himself. Besides this confession, there is also a confession
made by co-accused Nishan Singh which too implicates the appellant in H
628 SUPREME COURT REPORTS [2002] 3 S.C.R.

A commission of the offence of the bomb blast in the train. The observations
made in Kalpnath Rai 's case were considered in State through Superintendent
of Police, CBI/SIT v. Nalini and Ors., [1999] 5 SCC 253], a decision by a
three Judge Bench. It was held that the confession recorded under Section 15
of the TADA Act is to be considered as a substantive piece of evidence not
B only against the maker of it but also against its co-accused. In this view; the
observations in Kalpnath Rai's case do not represent the correct position of
law. In S.N. Dube v. NB. Bhoir and Ors., [2000] 2 SCC 254 referring to
Nalini's case, it was observed that Section 15 of the TADA Act is an important
departure from the ordinary law and must receive that interpretation which
would achieve the object of that provision and not frustrate or truncate it.
c In State of Maharashtra v. Bharat Chaganlal Raghani and Ors. [200 I]
9 SCC I, overturning partially the judgment of acquittal passed by the
designated court and relying upon the confessional statement made by accused
5 and 6, they were convicted. It was observed that there is no denial of the
fact that judicial confession made are usually retracted but retracted confessions
D are good confessions if held to have been made voluntarily and in accordance
with the provisions of law. The decisions in the case of Nalini and S.N. Dube
were ci~ed with approval.

Again in Jayawant Datta/ray Suryarao v. State of Maharashtra, [JT
[200 I] 9 SC 605 making a detailed reference to the afore noticed decisions,
E the contention urged on behalf of the accused with regard to the admissibility
and evidentiary value of the confessional statement was dispelled. It was held
that the confessional statement is a substantive piece of evidence.

It is thus well established that a voluntary and truthful confessional
statement recorded under Section 15 of the TADA Act requires no
F
corroboration. Here, we are concerned primarily with the confessional
statement of the maker. The weight to be attached to the truthful and voluntary
confession made by an accused under Section 15 of the TADA Act came to
be considered again in a recent three Judge Bench decision in Devender Pal
Singh v. State of N.C. T. of Delhi and Anr., JT (2002) 3 SC 264. It was held
G in the majority opinion that the confessional statement of the accused can be
relied upon for the purpose of conviction and no further corroboration is
necessary if it relates to the accused himself.

There can be no doubt that a free and voluntary confession deserves the
highest credit. It is presumed to flow from the highest sense of guilt. Having
H examined the record, we are satisfied that the confession made by the appellant
I
-(

RAVINDERSINGH v. STATE OF MAHARASHTRA [Y.K. SABHARWAL, J.] 629

is voluntary and truthful and was recorded, as already noticed, by due A
observance of all the safeguards provided· under Section 15 and the appellant
could be convicted solely on the basis of his confession.

Faced with the aforesaid confessional statement made by the appellant
and the legal position regarding its admissibility as a substantive piece of
evidence, Mr. Murlidhar contended that as there are inherent contradictions B
in the confessional statement of the appellant when compared with the
confessional statement made by the co-accused, Nishan Singh, the learned
designated court committed serious illegality in convicting the appellant by
relying upon his confessional statement. Besides that of the appellant, we
have also gone through the confessional statement ofNishan Singh. For more C
than one reason, we are unable to accept the contention of Mr. Murlidhar.
Firstly, the confessional statement made by the appellant is not required to
be examined with reference to the confessional statement made by Nishan
Singh and, therefore, there is no question of contradictions between the two
confessions. Independently, it could not be shown as to why the conviction
of the appellant could not be maintained on the basis of his confessional D
statement. Secondly, the confession made by the appellant requires no
corroboration. Thirdly, the confession has been found to be truthful and
voluntary. Fourthly, in our view, there is general corroboration regarding the
implication of the appellant in the confessional statement made by Nishan
Singh and there are no material contradictions in the two confessional E
statements. The minor contradictions in the statement of N ishan Singh when
compared with that of the appellant are of no consequence. Learned counsel
was unable to show that the confession was not voluntary. The circumstances
like non-mention of going to the house of the approver by Nishan Singh or
non-reference by him of Kulvinder Singh in his confessional statement does
not cast any doubt on the truthfulness of the confession. Similarly the non- F
mention of the name of the appellant by Nishan Singh at the time of encounter
on 2nd December, 1991 in his statement is also of no consequence insofar
as the conviction of the appellant in the bomb blast case is concerned. It is
worthwhile to notice that if in this regard, Nishan Singh was to be believed
as stated in his confessional statement that only he and Pradhan Singh were G
in the house of Jagtar Singh when encounter took place which resulted in his
arrest and killing of Pradhan Singh, then we see no reason why and how in
the documents prepared soon thereafter by the police, presence of a third
person at the time of encounter would be shown particularly when the appellant
was arrested much later, i.e., on 6th July, I 992.
H
630 SUPREME COURT REPORTS [2002) 3 S.C.R.

A Reverting now to the evidence of the approver, it was pointed out by
learned counsel for the appellant that .the confession of the approver was
recorded by the Police Officer on 4th September, 1992, his statement before
the Special Judicial Magistrate after grant of pardon was recorded on 28th
February, 1996 and deposition in Court as approver as PW-I was recorded
B from I st to 3rd October, 1996. It was also pointed out that although Kulvinder
Singh was arrested on 15th July, 1992, an application for grant of pardon was
made by him before the designated court more than three years later i.e. on
28th December, 1995 and pardon was granted by the designated court by
order dated 2nd February, 1996. With the assistance of learned counsel for
the parties, we have gone through various statements of the approver. Mr.
C Murlidhar contends that on these three dates, different, contradictory and
inconsistent versions were given by him. It was thus contended that the
evidence of approver is not reliable. The other illegalities highlighted by Mr.
Murlidhar in the evidence of the approver were (i) failure of the Magistrate
to record the statement of the approver upon grant of pardon as a witness i.e.
in the presence of the accused being violative of Section 306(4)(a), Cr.P.C.
D (ii) different contradictory and inconsistent version in the statements given
on different dates as above and (iii) confession being exculpatory. It is not
necessary to examine these issues and express opinion thereupon. It is not on
the testimony of the approver alone that the conviction has been based.
Assuming the contentions of learned counsel to be correct without going into
E it, it deserves to be noticed, as already observed, the conviction herein can
be based on the confession made by the appellant himself without anything
more. We would, therefore, keep out of consideration the approver's evidence.

Let us now revert to Deepali Chauhan (PW-3) who lost her leg below .
the knee in the bomb blast in the train and also her husband who was killed
F as a result thereof. She has given a detailed version of the manner in which
the appellant was inserting his hand in the cloth bag which had in it the bomb
with a view to fix the wire. She also identified the appellant in the test
identification parade held on 6th September, 1992 being the person who was
sitting in the train opposite her. The appellant was arrested on 5th July, 1992.
G Delay of two months in conducting test identification parade has been
satisfactorily explained. Though some confusion seems to have erupted on
account of a person sitting in the train being 'sardarji' as distinguished from
'punjabi' having haircut and slightly grown beard but the same is of no
consequence in the facts and circumstances of the present case particularly
when the conviction is not based on the sole testimony of PW-3. The version
H given by the appellant in his confessional statement finds sufficient
•
-(
RAVINDER SINGH v. STATE OF MAHARASHTRA [Y.K.SABHARWAL,J.) 63 J

corroboration from the testimony of PW-3. A
It is true that PW-3 must have seen the appellant as deposed by her
only when he was sitting in the train opposite her but what is to be kept in
mind is that the memory and power to recapitulate differs from person to
person as also from situation to situation. Here the situation is that after she
noticed the manner of handling the bag by the appellant and leaving the bag B
behind while getting down from the train and the blast taking place soon
thereafter wherein she suffered the injuries as above and lost her husband.
Under these circumstances, the criticism to her identification of the appellant
is without any substance so also the criticism to her testimony on the basis
of minor contradictions. The identification made by PW-3, on the facts and C
circumstances of the case, cannot be faulted on the ground of delay of few
months. Further, as noticed earlier as well, even if corroboration was to be
required, though not necessary in the present case in view of the confessional
statement of the accused, then too, it would be sufficient ifthere is a general
corroboration of the important incidents and not that the corroborative evidence
itself should be sufficient for conviction. D
We see no reason to discard the confessional statement ofNishan Singh
..- and of the evidence of PW-3 and of course the confessional statement of the
., appellant and as such the conviction deserves to be maintained. Looking
from any angle, the conviction of the appellant does not deserve to be
disturbed. We, however, place on record our appreciation for the pains taken E
by Mr. Murlidhar in marshalling the facts and preparation of the same and
it has been a very able presentation before this Court.

But in view of the discussions noticed above, we find no illegality in
the judgment under appeal. As such the appeal stands dismissed.
F
K.K.T. Appeals dismissed