‘Co-accused’s confession can’t be substantial evidence, only lend assurance’

Justice Anand Venkatesh made the observation while allowing a criminal original petition moved by one Rajendran seeking to quash the proceedings pending against him in Karaikal based on the alleged confessions of two co-accused.

“It is clearly seen from the entire materials that have been filed before this court along with the final report that except for the confession of two of the accused persons, there is absolutely no other material available against the petitioner. Therefore, the proceedings cannot be continued against the petitioner since it will amount to an abuse of the process of court,” Justice Anand Venkatesh said.

As per the case, Karaikal Town police Station had filed a case against unknown persons in a case of an attack leading to the death of a persons and grievous injury of another in 2013.

In the course of the investigation, as many as 28 persons were identified and a final report filed before the Judicial Magistrate court in Karaikal.

Rajendran’s counsel had submitted that he cannot be added as an accused merely based on the confession statement given by the co-accused without there being any other material against him.

However, the additional public prosecutor submitted that even a strong suspicion was enough to frame charge against the accused persons and argued that the petitioner must be made to face trial.