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(1.) In this case the tour appellants Nazim, Arabdi, Yasin ana Taimiz have been convicted by the Sessions Judge of Sylhet. He has found all the men guilty under Secs.457 and 411 and has sentenced Nazim, in consideration of his previous convictions, to 10 years rigorous imprisonment, and the others to three years, under the same section, and has passed no sentence under Section 411 of the Indian Penal Code. One of the Assessors found the case not established against the two appellants, Yasin and Tamiz.
(2.) The judgment of the learned Sessions Judge proceeds largely upon "confessions" since retracted, which he has used not only against the makers, but also against the other accused in the case.
(3.) It is obvious that a retraced confession should carry practically no weight as against a person other than the maker; it is not made on oath, it is not tested by cross-examination, and its truth is denied by the maker himself, who has thus lied on one or other of the occasions. The very fullest corroboration would be necessary in such a case, far more than would be demanded for the sworn testimony of an accomplice on oath. In the present case the Judge has acted upon these confessions without any indication that he has appreciated this inherent weakness.;
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