AIR 1958 ALLAHABAD 467

Allahabad High Court

Hon'ble Judge(s): H. P. Asthana, J. N. Tandon , JJ

(A) Evidence Act (1 of 1872) , S.27— 'A person' - Meaning of - Simultaneous information by two or more accused - Admissibility. AIR 1945 Oudh 235 Dissented from. General Clauses Act (10 of 1897) , S.13— There is nothing in section 27 to show, beyond what the words "a person" may themselves mean that the Legislature intended to depart from the general rule laid down in section 13 of the General Clauses Act. The presence of the words "a person" in singular therefore cannot mean that the information should be by a single individual only.(Para 15) Thus S. 27 on its plain language does not exclude the interpretation as to plurality of @page-All468 information received from persons accused of any offence. Being an exception to the general rule contained in the preceding section, it nevertheless insists that only such information shall be admitted as relates distinctly to the facts thereby discovered. The information should directly and distinctly relate to the facts discovered. Where, therefore, a fact has already been discovered, any information given in that behalf afterwards cannot be said to lead to the discovery of the fact. There cannot be a rediscovery. It is easily conceivable that two or more persons simultaneously or jointly furnish an information and as a result of that informat....