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S 27 E ACT
           BROUGHT  TO YOU  BY   RAJEEV BHATJIWALE

                                                                                                                 

 

                                    

MANORANJAN SINGH V/S STATE OF DELHI 1998 SCC (Cri) 848==

appellant making alleged disclosure statement when taken to police station.  Appellant neither in police custody at the time nor was any accusation made against him -section 27 is not attracted .No offence was registered against the accused when he was taken to police station for interrogation not was any accusation made against him .  He was not in custody of the police when he made the disclosure statement therefore a section 27 was not applicable in this case and recovery should not have been treated as having been made on the basis of the disclosure statement of the appellant

VIJENDER V/S STATE OF DELHI 1997S C C (CRI) 857=

statement relating to fact which was already been discovered is not admissible.  Dead body already recovered by police, statement of accused as to where threw the dead body was not admissible.  Under section 27 if an information given by the accused leads to the discovery of a fact which is the direct outcome of such information then only it would be evidence but when the fact has already been discovered evidence could not the lead in respect thereof.

STATE OF RAJASTHAN  V/S BHUP SINGH = 1997 SCC (CRI) 1032 =

CONDITIONS FOR APPLICABILITY OF=recovery of crime weapon on the basis of the statement made by the accused during investigation in another case is admissible in evidence.  The condition prescribed in section 27 for unwrapping of the cover of ban against at disability of statement of the accused to the police have been satisfied they are 1-- the fact should have discovered in a consequence of information received from the accused , secondly he should have been accused of an offence, thirdly he should have been in the custody of the police officer when he supplied the information and fourthly the fact so discovered should have been deposed to by the witness.  If these conditions are satisfied, that part of information given by the accused which led to such discovery becomes admissible in evidence It is immaterial whether the information was supplied in connection with the same crime or a different crime 

 

 

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