COURT : SUPREME COURT OF NEPAL
CASE : CIVIL CASE
The appellant was accused of being involved in a robbery case and there was a statement allegedly made by the accused at a police office confessing to the accusation. The initial appeal court had convicted the accused on the ground of this confession and the appellant had appealed to Supreme Court claiming that the confession was drawn against his will and could not constitute sufficient evidence for conviction.
In the decision of the subordinate courts it seemed that the appellant was charged with the accusation on the basis of the information of an approver. In any case it would not be just and reasonable to take the confession of such a person against him unless supported by other independent and reliable evidence. For judicial conscience, the confession taken from the accused in custody is not enough for the justification or verification of the information received from the approver.
The statement made by an accused in custody may not be acceptable as independent and trustworthy whatever the circumstances may be. Even if it was not proven that the police had directly subjected the accused to any threat or coercion, the custodial confession may not be taken as the evidence enough to convict an accused since such confession might be drawn from influences in custody. Therefore, the judgment of the subordinate courts is not upheld and the appellant is acquitted.