[Para 14] Where during investigation the investigating officer recorded the statement of the accused in the form of a memorandum in which the accused gave out the details of the occurrence and also promised to point out the stone with which he had struck the deceased and on the strength information the stone was discovered at the scene of occurrence and was seized by the Police ld that what was ad [...] Section 27 according to this view does not speak of the discovery of the property only but of the fact discovered on the information contained in the statement to the extent that it is confirmed by the finding of a material fact. [...] For example if the accused discovers a blood stained knife and states that it was with this knife that he cut the throat of his victim what is discovered is the knife and also the fact that it was used for the cutting of the throat of the victim for otherwise the relevancy of the blood on the knife cannot be established. [...] It leads to the discovery of the fact that a knife is concealed in the house of the informant to his knowledge and if the knife is proved to have been used in the commission of the offence the fact discovered is very relevant. [...] Even if such a hard punishment is not imposed on the prosecution, it cannot be disputed that the valuable right of the accused to get the copies of the Police statements might be curtailed and that the accused are, therefore, deprived of the valuable right of putting the testimony of the wit- nesses to the touch-stone of cross-exami- nation.
- Pages
- 42
- Published in
- India
- SARF Document ID
- sarf.100068