search or recovrery of property

abdul rahaman (Querist) 03 December 2009 This query is : Resolved
If the accused was made to take to the home and recovered property at night ,whether such recovery is allowed as legal recovery by the court?
2)Whether a village Accounts officer(V.A.O) can become witness for criminal case? If the V.A.O becomes witness in a criminal case for 3 witnesses at 3 different places in the same day and mahazar,at different time,whether such witness can be regarded as genuine witness or highly interested witness?

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Devajyoti Barman (Expert) 03 December 2009
If the articles are recovered by the accused person while in police custody then in accordance with the criminal jurisprudence as prescribed by Sec 27 of the Evidence Act of India it is presumed that the confession supported by discovery of property/fact is true.
If the same witness happens to be in three places on the same day and in the same time then his veracity can be tested or his credit may be shaken by injuring his character.