Section 27 Evidence Act | Recovery Of A Weapon From An Open Place Accessible To All Not Reliable: Supreme Court

Case: Manjunath v. State of Karnataka

Coram: Justices Abhay S. Oka and Justice Sanjay Karol

Case No.: Criminal Appeal No. 866 OF 2011

Court Observation: the recovery of the knife was from an open place accessible to one and all. We find that the approach adopted by the trial court was in accordance with law. However, this circumstance which, in our view, could not have been used, has been employed by the High Court to seek corroboration to the extrajudicial confession.

“It could thus be seen that the recoveries were made from the places, which were accessible to one and all and as such, no reliance could be placed on such recoveries.” We, further cannot lose sight of the fact that sticks, whether bamboo or otherwise, are commonplace objects in village life, and therefore, such objects, being hardly out of the ordinary, and that too discovered in places of public access, cannot be used to place the gauntlet of guilt on the accused persons.

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Keywords

Section 27 Evidence Act, Recovery Of A Weapon From An Open Place Accessible To All Not Reliable, Supreme Court