Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Indian Penal Code, 1860 (45 of 1860), Section 302, 364, 366, 376(2)(m), 376A, 392, 397, 201 -- Extra-judicial confession – Recovery – Murder – Rape -- Acquittal -- Extra judicial confession, by its very nature, has been held to be a weak piece of evidence -- Normally it is given to persons who enjoyed the confidence and trust of the accused – Not on evidence that PW-9 enjoyed the confidence of the accused so as to safely infer that the accused would have made a clean breast of things to PW-9 -- PW-22 does speak of Police taking PW-9 into custody in connection with this case -- So many omissions in the statement of PW-9 -- Moreover, there is no corroboration in material particulars and hence Court rejected the extra judicial confession -- Merely based on the recovery no conviction for the offence charged could be sustained against the appellant – Appeal allowed, appellant acquitted.

(Para 108-110, 117-124)