Unsigned confession cannot be sole basis for conviction: Gauhati High Court frees man after 21 years in jail

The Gauhati High Court ruled that an accused cannot be convicted solely based on an unsigned confessional statement without additional evidence [Shri Kedukhoyi v. State of Nagaland].

In a rape and murder case, the only evidence against the accused was a photocopy of an unsigned confession. Justices Sanjay Kumar Medhi and Budi Habung noted that under Section 164 CrPC, a confession must be signed by the accused and the magistrate. The unsigned statement was deemed inadmissible, leading to the accused’s release after 21 years of imprisonment.

The appellant, convicted in 2003, had his appeal accepted due to the prosecution's failure to prove the case beyond reasonable doubt. The original case records were also incomplete and poorly managed.