Incriminating Article's Recovery From Open Place/Visible To Others Vitiates Evidence U/S 27 Of Evidence Act: Chhattisgarh High Court

The Chhattisgarh High Court has observed that when recovery of any incriminating article is made from a place that is open or visible to others, it would vitiate the evidence under Section 27 of the Evidence Act.It may be noted that the conditions necessary for the applicability of Section 27 of the Evidence Act are:. The Chhattisgarh High Court has observed that when recovery of any incriminating article is made from a place that is open or visible to others, it would vitiate the evidence under Section 27 of the Evidence Act. It may be noted that the conditions necessary for the applicability of Section 27 of the Evidence Act are: Discovery of fact in consequence of information received from the accused; Discovery of such fact to be deposed to; The accused must be in police custody when he gave information and So much of information as relates distinctly to the fact thereby discovered is admissible. Noting that the discovery in the instant case had vitiated evidence under section Section 27 of the Evidence Act, the Bench of Justice Sanjay K. Agrawal and Justice Sanjay S. Agrawal observed thus as it set aside the conviction and sentence of one Ramvriksh under Section 302 of the IPC and Section 27 of the Arms Act.