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1 - 10 of 13 (2.08 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 26 in The Indian Evidence Act, 1872 [Entire Act]
Section 25 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Evidence Act, 1872
Sharad Birdhichand Sarda vs State Of Maharashtra on 17 July, 1984
29) Having meticulously examined each circumstance individually and
collectively, we are satisfied that the prosecution has established a complete
and unbroken chain of circumstances that points irresistibly to the guilt of
the appellant. The circumstances proved on record satisfy all the five
essential principles laid down in Sharad Birdhichand Sarda (supra). The
6 (1992) 3 SCC 43 : 1992 SCC (Cri) 482 : 1992 SCC OnLine SC 378 at page 53
Criminal Appeal No.5357 OF 2025 Page 17 of 18
deceased went missing on 25.07.2009; ransom calls were made from her
mobile phone demanding Rs. 5 lakh; the appellant came into possession of
the deceased's mobile phone and sold it; the dead body was recovered from
a well at the specific disclosure of the appellant under Section 27 of the
Evidence Act; the body was identified as that of the deceased; the deceased's
Scooty was recovered at the appellant's disclosure; and the medical evidence
established that the death was homicidal in nature. These circumstances,
when viewed cumulatively, form a complete chain. No other reasonable
conclusion is possible except for the inference that the appellant committed
the murder of Archana @ Pinki. The Trial Court and the High Court have
rightly appreciated the evidence placed on record by the prosecution and
have correctly determined the culpability of the appellant for the murder of
the deceased. We find ourselves in complete agreement with the concurrent
findings of both the Courts below.
Shivaji Sahebrao Bobade & Anr vs State Of Maharashtra on 27 August, 1973
It may be noted here that this Court indicated that the
circumstances concerned “must or should” and not “may
be” established. There is not only a grammatical but a
legal distinction between “may be proved” and “must be
or should be proved” as was held by this Court in Shivaji
Sahabrao Bobade v. State of Maharashtra [(1973) 2 SCC
793 : 1973 SCC (Cri) 1033 : 1973 Crl LJ 1783] where the
observations were made: [SCC para 19, p. 807: SCC (Cri)
p. 1047]
“Certainly, it is a primary principle that the
accused must be and not merely may be guilty before a
court can convict and the mental distance between ‘may
be’ and ‘must be’ is long and divides vague conjectures
from sure conclusions.”
(2) the facts so established should be consistent only with
the hypothesis of the guilt of the accused, that is to say,
they should not be explainable on any other hypothesis
except that the accused is guilty,
(3) the circumstances should be of a conclusive nature
and tendency,
(4) they should exclude every possible hypothesis except
the one to be proved, and
(5) there must be a chain of evidence so complete as not
to leave any reasonable ground for the conclusion
consistent with the innocence of the accused and must
show that in all human probability the act must have
been done by the accused.”
Delhi Administration vs Bal Krishan And Ors. on 15 October, 1971
“27. How much of information received from accused may
be proved.— Provided that, when any fact is deposed to
as discovered inconsequence of information received from
a person accused of any offence, in the custody of a
police-officer, so much of such information, whether it
amounts to a confession or not, as relates distinctly to
the fact thereby discovered, may be proved.”
The scope and ambit of Section 27 have been examined by this Court in
Delhi Administration vs. Bal Krishan and Others2.
Udai Bhan Rai vs State Of U.P. And Others on 25 January, 1994
21) Elucidating on what constitutes “discovery of fact” under Section 27 of
the Evidence Act, this Court in Udai Bhan vs. State of Uttar Pradesh3
observed as follows :