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TMI Blog2010 (2) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... s absence of discussion of such evidence. 7. In that view of the matter, the order of Tribunal dated 29.3.2007 is set aside as against the writ petitioner. The Appellate Tribunal is directed to rehear the appeal on the basis of the above observations within a period of three months from the date of communication of this order. - 498 of 2007 - - - Dated:- 24-2-2010 - I.P. Mukerji, J. REPRESE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclupatory statement given by the appellant corroborated with sufficient documentary and attended substantial evidence, is acceptable as true. The retracted confessional statements of the appellant are fully corroborated by seized documents and other evidence which are important factors to prove the charges against the appellant. The retracted confessional statement may also constitute substantial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sary that there should be corroboration from independent evidence adduced by the prosecution to corroborate each detail contained in the confessional statement. The court is required to examine whether the confessional statement is voluntary; in other words, whether it was not obtained by threat, duress or promise. If court is satisfied from the evidence that it was voluntary, then it is required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dence sought to be used against the appellant no.1/writ petitioner was voluntary. It is not the other way round. When an objection is made that a statement is obtained unfairly, it is for the tribunal to first decide whether the statement was voluntary and this principle of law is quite settled and well known now. The Tribunal cannot say that the onus was on a person making the statement to show t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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