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        2015 (10) TMI 2857 - SC - Indian Laws

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        Section 27 discovery evidence allowed disclosure statements that led to identification, recovery, and corroboration in a counterfeit currency case. Section 27 of the Indian Evidence Act, 1872 saves only the portion of an accused's information that distinctly relates to a fact discovered in consequence ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Section 27 discovery evidence allowed disclosure statements that led to identification, recovery, and corroboration in a counterfeit currency case.

                            Section 27 of the Indian Evidence Act, 1872 saves only the portion of an accused's information that distinctly relates to a fact discovered in consequence of that information. The Court held that disclosures leading to facts not previously known to police, including the identification and arrest of a co-accused, recovery of forged currency notes, and further exposure of the counterfeit currency network, were admissible. Sections 25 and 26 barred the confessional parts, but the discovery-based portion remained usable. The recoveries and corroborative evidence therefore sustained the prosecution case, and the convictions were upheld.




                            Issues: Whether the disclosure statements made by the accused were admissible under Section 27 of the Indian Evidence Act, 1872 and whether the recoveries and identifications made pursuant to those statements sustained the convictions.

                            Analysis: Section 25 of the Indian Evidence Act, 1872 excludes confessions made to a police officer, and Section 26 of the Indian Evidence Act, 1872 excludes confessions made while in police custody unless made before a Magistrate. Section 27 operates as a proviso and permits only that portion of information supplied by an accused which distinctly relates to a fact discovered in consequence of that information. The material facts discovered here were not within police knowledge before the disclosures: the identification and arrest of a co-accused, the recovery of forged currency notes from that person, and the further unravelling of the counterfeit currency racket. The disclosures therefore led to discovery of facts within the meaning of Section 27, and the subsequent recoveries and corroborative evidence supported the prosecution case.

                            Conclusion: The disclosure statements were admissible under Section 27 of the Indian Evidence Act, 1872, and the convictions were upheld.

                            Ratio Decidendi: Where an accused's information leads to discovery of facts not previously known to the police, including the identification or apprehension of a co-accused and consequential recoveries, the admissible portion of the statement is saved by Section 27 notwithstanding the general bar under Sections 25 and 26.


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