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Section 27 Evidence Act- Discovery of Weapon at The Instance of Accused by Itself Does Not Prove That He Had Concealed or Used It: Supreme Court

[15 July 2022] The Supreme Court observed that merely because discovery of weapon was at the instance of accused, it does not mean he had concealed or used it.
The bench observed thus while considering an appeal filed by a murder convict, whose conviction under Section 302 IPC was upheld by the Bombay High Court. One of the contentions raised by the appellant was that the eye witnesses in this case are unreliable witnesses.

In appeal, the Apex court bench held that both the courts rightly believed the two eye witnesses. However, it noticed a serious infirmity in the reasonings assigned by the trial court as affirmed by the High Court so far as the position of law as regards the discovery of weapon of offence under Section 27 of the Act is concerned.
The bench therefore proceeded to explain the correct position of law and how to appreciate the evidence of discovery in accordance with the provisions of the Section 27 of the Act.

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