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Periyasami v. State represented by the Inspector of Police

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1272 of 2012)Decided 11 Apr 2014
Criminal Appeal No. 1272 of 2012
Chief Justice P. Sathasivam · Justice Ranjana Prakash Desai · Justice Ranjan Gogoi

Background

A bomb damaged a railway bridge in Tamil Nadu in 1992, and a train driver prevented a disaster by stopping after spotting boulders on the track. Senthilkumar and Periyasami were convicted of offences connected with the attack under TADA and other statutes. Senthilkumar challenged his retracted confession, while Periyasami disputed proof that he joined the conspiracy.

Decision Breakdown

The Supreme Court dismissed Senthilkumar's appeal, maintaining his convictions and sentences, including life imprisonment. His confession was properly recorded, voluntary and truthful under TADA's special provision, and handwriting on recovered posters and corroborated witness testimony independently supported it. Retraction did not automatically erase its value. Periyasami's appeal was allowed: requesting food and shelter for visitors did not prove participation in making or planting bombs, and the alleged later threat lacked corroboration. He was acquitted on benefit of doubt and his bail bond discharged.

Lesson Learnt

Evidence had to establish each accused person's involvement separately, even after the attack itself was proved. The ruling on police-recorded confessions concerned TADA's special statutory procedure, rather than a general rule admitting police confessions.

Official source (sci.gov.in)View Judgment (PDF)

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