Custodial recovery and recent possession of stolen property support conviction when unexplained and corroborated by other evidence.

Section 27 of the Indian Evidence Act, 1872 admits only the portion of an accused's custodial statement that distinctly relates to the fact discovered, and recovery may corroborate the truth of that disclosure. Possession of stolen goods soon after the theft also supports a presumption under Section 114 that the possessor is the thief or a receiver knowing the goods to be stolen, unless the possession is explained. On the facts, the tape recorder belonged to the deceased, was traced through pledge and redemption soon after the , and was sold by the accused, with further support from the weapon and blood-stained shawl evidence. The prosecution evidence was held sufficient and the conviction and sentence were restored.

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Issues: Whether the acquittal recorded by the High Court was unsustainable in view of the recovery evidence and the presumption arising from the accused persons' possession of the stolen tape recorder soon after the occurrence.

Analysis: Section 27 of the Indian Evidence Act, 1872 permits only that part of the accused's information which distinctly relates to the fact discovered. The admissible portion is the exact information leading to discovery, and recovery is reliable when it confirms the truth of the information supplied by the accused while in police custody. The evidence showed that the tape recorder belonged to the deceased, was pledged and redeemed shortly after the incident, and was then sold by the accused. Section 114 of the Indian Evidence Act, 1872 supports a presumption that a person found in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless the possession is explained. The prosecution case was also supported by other evidence, including the linkage of the weapon and the blood-stained shawl.

Conclusion: The High Court erred in discarding the prosecution evidence and in setting aside the conviction; the trial court's conviction and sentence were restored.

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