State vs . Rakesh on 17 April, 2007
13.In an authority 2004 CRI. L. J. 1380 "Anter Singh v. State of
Rajasthan" the Supreme Court summed up the requirement of
Section 27 of the Indian Evidence Act thus: (1) The fact of which
evidence is sought to be given must be relevant to the issue. It must
be borne in mind that the provision has nothing to do with question of
relevancy. The relevancy of the fact discovered must be established
according to the prescriptions relating to relevancy of other evidence
connecting it with the crime in order to make the fact discovered
admissible.(2) The fact must have been discovered. (3) The discovery
must have been in consequence of some information received
from the accused and not by accused's own act. (4) The persons
giving the information must be accused of any offence. (5) He must be
in the custody of a police officer. (6) The discovery of a fact in
consequence of information received from an accused in custody must
be deposed to. (7) Thereupon only that portion of the information
which relates distinctly or strictly to the fact discovered can be
proved. The rest is inadmissible.