The Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act No. XVIII of 1995); section 6(3)

In a case with an allegation of rape, where there is no independent eye witness and the only evidence is that of the prosecutrix herself and of those to whom it was reported, the Courts are not left with any objective test for gauging the truth of the story of the prosecutrix. In a case of this kind, it is very necessary that before finding the accused persons guilty of rape, the Court should be satisfied that the story of rape by the victim, thewoman, is corroborated either by circum­stantial evidence connecting the accused per­sons with the crime, or at least by some circum­stance connected with the woman which would serve by itself to show that her story of rape is true…………………(30)

It will be unsafe to convict the appellants in the absence of any credible evidence against them…………………(32) 

The Evidence Act, 1872 (Act No. I of 1872); Section 27

The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364

Dis­covery of the dead bodies are relevant fact for finding out the clue

The confessional statement by condemned prisoner made before the police leads to the dis­covery of the dead bodies, that are relevant fact for finding out the clue of the crime and hence admissible under section 27 of the Evidence Act ……………….(33)

The rule of law

Confession is strikingly a very important and convincing material for proving that the offence is committed by such persons making confession. According to the rule of law, conviction can be based solely on the confes­sion of the maker, if it is found voluntary and true though the rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding the complicity of the accused must independently be corroborated as it is necessary in the case of using the confession of an accused against his co-accused. It is enough if the general trend of confession is substantiated by evidence which would tally with what is contained in the con­fession. For ascertaining as to whether the confes­sions is voluntary and true or not the Court has to examine the confession itself and also to consider the same in the light of other materials on record and broad probabilities of the case…………..(35)

Confessional statement and allegation of torture

Mere denial that the confession was not voluntary is not sufficient. In order to justify such claims, it should be proved that the confession was the re­sult of torture and maltreatment……………………..(37)

A confession when sole base of conviction

Once a confession is found to be true and voluntary, conviction of the prisoners can be based solely on the confession, even found to have been retracted…………………………...(39)

Presumption of correctness of confessional statement

In the absence of any positive material to the contrary the presumption of correctness of recording the confessional statement upon observing all formalities can very well be inferred that the accused would freely and voluntari­ly confess their guilt, recorded their confession and that the accused also made no complaint before the Magistrate. . .Retrac­tion of confession at an earliest opportunity some­time may lend support to the defence plea that the confession was not voluntary one but for the belated retraction of a confession as in the present case with­out any material to support it, no such inference can be drawn. Rather, the consensus of judicial decisions are that an accused may be convicted even on a re­tracted confession, if it is inculpatory and found to be voluntary and true..............(40)  

Interpretation of Statute

The language of the statute is not always a decisive factor in determining whether the particular provision of a statute is mandatory or directory. The language of the statute cannot always be faultless, and this leaves room for judicial discretion to interpret the particular provision as mandatory or directory with reference to the intent of the legislature. So the intention of the legislature is the governing and regulating factor, which has to be gathered not only from the phraseology of the provision, but also by considering its nature, its design, scheme and the consequences which would follow from construing it in one way or the other………………………..(16)

Since consequence has not been given under Rule 10 of the ACC Rules, 2007 or section 6A of the Act, 1958 in case of failure to oblige the "time-limit" as such the accused cannot derive any benefit out of it…………………………(17)