Upgrad LLM

evidence act, s. 27


Dear friends,

Two accused were  convicted and awarded death sentence under s. 364-A, IPC by the sessions .The High Court has reduced the sentence to life imprisonment and now the case is to be argued before the supreme court.  The prosecution is based on circumstantial evidence - (a) one major and one child (10 years age) PWs have deposed that deceased was last seen with the accused (b) dead body and weapons were recovered on the joint confessional information of both the accused. Recovery memo has not been signed by the accused. This is the whole prosecution evidence apart from medical and other formal evidences.

Kindly suggest the possible defense arguments and refer case law inter alia on following points-

1. whether joint statement made by two accused is admissible u/s 27 of the Evidence Act ?

2. whether absence of signature of accused on recovery memo of body and weapons allegedly recovered on their identification is helpful to defense ?

 
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Advocate

If those two are the only grounds, then the defense has a very weak defense, as irregularity in seizure can not vitiate the trial and conviction can be based on solitary witness and besides section 27 of the evidence act the Court can draw persumption under section 114 of the evidence act. Better to rely on other points.

 
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advocate

I do not agree,

1. only the fact discovered first time is to considered, therefore it is not proper in you r case

2. recovery memo will be looked upon with suspicion.

 

Actually views for and against exist in this case, so facts will have to be moulded accordingly..

 

Please reply Assumi Sahab..

 
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dear to my knowledge there cannot be a join recovery  under section 27 of evidence act.discloser memo has also to b prepared saparately, failure to do so , is fatal to prosecution  case, can the arresting officer, be recovery officer as well as investigating  officer ,pls gives detailed answer with case law too , thanks

 
Reply   
 

dear to my knowledge there cannot be a join recovery  under section 27 of evidence act.discloser memo has also to b prepared saparately, failure to do so , is fatal to prosecution  case, can the arresting officer, be recovery officer as well as investigating  officer ,pls gives detailed answer with case law too , thanks

 
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