What are the consequences if the ‘fact discovered’ is not in consonance with the information received from the accused?
Ans: The discovery of a material object is of no relevancy to the question whether the accused is guilty of the offence charged against him unless it is connected with the offence. It is, therefore, the connection of the thing discovered which renders its discovery a relevant fact simple discovery of fact as a result of information from accused does not make it admissible unless its relevancy is established by other evidence showing the connection between the fact discovered and the offence charged and the accused.
Where a key of locked room in which a boy was killed was said to have been recovered at the instance of the accused from a ‘nala’, the evidence of recovery is admissible in view of prosecution failing to establish the connection between the recovered key and lock of the room. Therefore, it cannot be accepted that the recovered key is relevant in respect of the lock. Similarly, where the statement led to the discovery of Articles none of which was associated with the deceased and the articles found were most commonplace the discovery cannot be considered to be a recovery of any ‘fact’ within the meaning of Section 27 such discoveries and the disclosure statements cannot be held to constitute circumstances adverse to the accused. [KALU V/S STATE- reported in 1974 CrL] 839] & K]
