What is meant by ‘fact must be deposed to as discovered’ in accordance with Section 27 of the Evidence Act?
Ans: The condition necessary to bring Section 27 into operation is that the discovery of a fact must be deposed to, and thereupon so much of the information as relates distinctly to the fact thereby discovered may be proved. As decided by Hon’ble Apex Court in case of STATE OF UTTAR PRADESH V/S DEOMAN UPADHYAYA – reported in AIR 1960 SC 1125, When the accused in the presence of the 1.0. and two witnesses, offered to hand over the weapon which he said he had thrown into a tank, and thereafter he led the I.O. and the witnesses to the tank and in their presence waded into the tank and fetched the weapon out of the water, the statement that he had thrown the weapon in the tank was “information” which distinctly related to the discovery of the weapon and hence, it was provable.
According to Hon’ble Bombay High Court in case of “SADASHIV V. STATE OF MAHARASHTRA” reported in 1982 Cri.L.J. 2056, the discovery should be of a palpable physical fact, it should be the finding of something which had been partly or wholly concealed and which might have not been found out, except as a consequence of the statement of the accused. In view of the principle that “what is not covered cannot be discovered”, the weapon found in open place not belonging to the accused, statement of accused cannot say to distinctly led to discovery of particular weapon.