2015 AIR SCW 6123 ::AIR 2015 SC( Cri) 1954 ::(2016) 1 DLT(CRL) 66 ::(2015) 4 CurCriR 205 ::2015 CriLR(SC&MP) 1219 ::(2016) 1 Pat LJR 125 ::(2015) 4 Mad LJ(Cri) 377 ::(2015) 4 RecCriR 944 ::(2015) 12 Scale 67 ::(2015) 4 Crimes 357 ::(2015) 62 OCR 1004 ::(2015) 4 JLJR 477 ::(2015) 4 Ker LJ 581 ::2016 (14) SCC 640 ::(2015) 3 UC 2088 ::(2016) 92 AllCriC 529 ::(2016) 157 AllIndCas 129 (SC)

Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): H. L. Dattu, Arun Mishra , JJ

Evidence Act (1 of 1872) , S.27— Confessional statement of accused - Admissibility in evidence - Conspiracy to use counterfeit currency notes - Recovery of fake currency notes from co-accused on basis of information furnished by accused persons - Co-accused was nabbed on basis of identification made by accused persons - Fact that co-accused was dealing with forged currency notes was not to the knowledge of Police - Statement of accused persons has led to discovery of fact and arrest of co-accused not known to police - Hence, statements of accused persons leading to discovery of fact are clearly admissible in evidence. Penal Code (45 of 1860) , S.489B, S.120B— For application of S. 27 of Evidence Act, admissible portion of confessional statement has to be found as to a fact which were the immediate cause of the discovery, only that would be part of legal evidence and not the rest. In a statement if something new is discovered or recovered from the accused which was not in the knowledge of the Police before disclosure statement of the accused is recorded, is admissible in the evidence. In the present case, co-accused was arrested on basis of information from accused persons. The fact that co-accused was dealing with forged currency notes was not to the knowledge of the Police. The statement of both accused persons had led to discovery of fact an....