Even a confession recorded before a Magistrate will not be credited if the Magistrate fails to comply with the High Court Rules and CrPC sections 364 and 164. “It is a consistent view of the Courts that extra-judicial confession, if made before a person of influence and authority, expected to extend helping hand to the accused, which is also strongly corroborated, can only be considered as a piece of circumstantial evidence . . . Such evidence is held to be the weakest type of evidence. No conviction on capital charge can be recorded on such evidence.”
“The extra judicial confession has never been considered sufficient for recording conviction on a capital charge unless it is strongly corroborated by tangible evidence coming from unimpeachable source.”
The prosecution/police’s suspicion does not replace the need for reliable evidence to prove guilt beyond a reasonable doubt.