Evidence Act, 1872
Section 27—Discovery of fact—Admissibility—Admissibility and credibility are two distinct aspects and the latter is really a matter of evaluation of other available evidence—While the recoveries made by the Investigating Officer under Section 27 of the Evidence Act upon the disclosure statements by appellants and the other co-accused could be held to have led to discovery of facts and may be admissible, the same cannot be held to be credible in view of the other evidence available on record.
[Para 25]
Indian Penal Code, 1860
Section 120B—Criminal conspiracy—Conviction—Specific allegations against appellant, former driver of the complainant, pertain to his involvement in a conspiracy with other co-accused persons to commit robbery—Conviction of appellant under Section 120-B, IPC stands completely vitiated because of the simple reason that one cannot alone conspire—No evidence to even remotely suggest that there existed any agreement between appellant and the co-accused while none of the others, except appellant, has been convicted for criminal conspiracy—Conviction of appellant cannot be justified solely on the basis of illusory knowledge regarding their involvement in the crime—Appellant acquitted.
[Para 41]
Section 411—Dishonestly receiving stolen property—Proof—Presumption of fact—Entire case of prosecution is premised on the disclosure statement of co-accused, but the appellant was never given the opportunity to explain the circumstances—A presumption of fact under Section 114(a) of the Evidence Act must be drawn considering other evidence on record and without corroboration from other cogent evidence, it must not be drawn in isolation—Trial court erred in drawing such a presumption without considering other factors—No evidence worthy of consideration was adduced by the prosecution to prove that appellant had retained the articles either with dishonest intent and with knowledge or belief of the same being stolen property—Appellant acquitted. [Evidence Act, 1872, Section 114(a)]
[Paras 30 to 36]