In Brief
Raja @ Ayyappan was convicted by a Designated Court in a TADA case based partly on confessional statements made by co-accused persons who were tried separately. The Supreme Court allowed his appeal, holding that confessional statements of co-accused are admissible only when all accused are jointly tried. Since the co-accused were tried separately (the appellant had been absconding), their confessions could not be used as evidence against him. The court also emphasized that the validity of any certificate under TADA Section 19 requires proper foundational evidence showing the questions asked and manner of answers given. Without such foundation, the confessions must be rejected and the conviction cannot stand.
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