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Shamshudin Kassam Vibji v. R., Crim. App. 871-D-66; -/2/67; Hamlyn, J.



Shamshudin Kassam Vibji v. R., Crim. App. 871-D-66; -/2/67; Hamlyn, J.

The accused, with several others, was convicted of stealing goods in transit (P.C. ss. 265 and 269). The confession of another of the accused was admitted against him.

Held: (1) Pursuant to section 30 of the Indian Evidence Act, when there is introduced into evidence a confession made by one accused which also affects other of the accused, “the court may take into consideration such confession as against such other person…..” (2) As against such other person “such confession is to be treated more as corroborative of other evidence ….., it is not, as it were, evidence completely probative in its own right.” The appeal was dismissed.

 

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