Indian Evidence Act,1872; Section 27 [BSA,2023; Section 23(2)]- The word,“distinctly” used in Section 27 relates to the discovered fact. Only that much which relates to the discovery of a physical object is admissible. The rest of the testimony is to be excluded. The facts proved by the prosecution, particularly the admissible portion of the statement of the accused, would give rise to two alternative hypotheses, namely, (i) that the accused had himself deposited the physical items that were recovered; or (ii) only the accused knew that the physical items were lying at that place. The second hypothesis is wholly compatible with the innocence of the accused, whereas the first would be a factor to show the involvement of the accused in the offence. The court has to analyse which of the hypotheses should be accepted in a particular case. Further, a fact already known to the police is not admissible under Section 27 of the Evidence Act. (Para 13)
Criminal Trial – Circumstantial Evidence- Referred to Sharad Birdhichand Sharda v. State of Maharasthra- Five essential principles, often referred to as the “golden rules”, which must be satisfied for circumstantial evidence to conclusively establish the guilt of the accused: “(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. xxx xxx xxx (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, (3) the circumstances should be of a conclusive nature and tendency, (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.