Supreme Court of India
Vinayak Etc. v. State of Maharashtra
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What the Court ordered
We are of the opinion that the retracted judicial confession of accused 5 could not be relied upon against accused 6 in this case in view of the fact that accused 6 who had been tried alongwith accused 5 had been acquitted by . the High Court of the charge of conspiracy under s. 302 read with s. 120B I.!'.C. and accused 5 was not charged for the offence of murder of Malan for which only accused 1, 6 and 7 were tried.
Judgment, page 7
From the headnote
Criminal conspi,.acy-Conviction and sentence under s. 302 T.P. . read withs. 120B-Whether one of the accused be convicted for criminal conspiracy when the rest of the accused were acquitted in State Appeal againsr acquillal of all-Retracted judicial confession of an accused, reliance against another accu~ed, whether permis5ible when the other accused had been acquitted of the charge of conspiracy under s. 302 read with :r. 120B and when the accused who haj retracted from judicial confession was tried for the offence ofmurder Code of Criminal Procedure Sections 164/306, 378-Corroboratire
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