S.27 Evidence Act doesn't apply if recovery isn't proven from the accused's disclosure.

S.27 Evidence Act doesn't apply if recovery isn't proven from the accused's disclosure.

The appellant was accused of kidnapping and murdering a minor girl (the deceased). The FIR was filed by the deceased's father, stating that the appellant, with the help of his mother and brother-in-law, had kidnapped his daughter. They had promised to arrange a marriage, but the girl was missing for several days. That section of the Evidence Act is concerned with the circumstances under which information given by an accused can lead to a discovery and be admissible.The Court noted discrepancies in the prosecution witnesses' testimonies. This was most pronounced with regard to the recovery of the body. For instance, it may have been seen at the police station rather than where it was actually found.Some witnesses claim the body had already been seen from its discovery location up until they reached police headquarters at an area closer or further than 200 yards! According to the Court, what appellant said did not lead to recovery and so Section 27 could not sustain the prosecution case.

Find Lawyers In Your City

Connect with Best Lawyers at your location