20
26.
More recently, in Boby vs. State of Kerala10, this Court referred to
the decision of the Privy Council in Pulukuri Kotayya vs. King Emperor 11,
wherein Section 27 of the Evidence Act had been considered at length and it
was noted that Section 27 provides an exception to the prohibition imposed by
the preceding provisions and enables certain statements made by an ‘accused’
in ‘police custody’ to be proved. It was observed that the condition necessary
to bring Section 27 into operation is that the discovery of a fact in consequence
of information received from a person ‘accused of any offence’ in the ‘custody
of a police officer’ must be deposed to, and thereupon so much of the
information, as relates distinctly to the fact thereby discovered, may be proved.
It was observed that normally, Section 27 is brought into operation when a
person in ‘police custody’ produces from some place of concealment some
object, such as a dead body, a weapon or ornaments, said to be connected
with the crime, of which the informant is accused. However, the Privy Council
concluded that the exception to Section 26 added by Section 27 should not be
held to nullify the substance of the provision and it would be fallacious to treat
the ‘fact discovered’ as equivalent to the object produced; the ‘fact discovered’
embraces the place from which the object is produced and the knowledge of
the accused as to this, and the information given must relate distinctly to this
fact. By way of example, it was elucidated that information supplied by a
10
11
Criminal Appeal No. 1439 of 2009, decided on 12.01.2023.
AIR 1947 Privy Council 67
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