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which had been seized from SI Barun Kumar Nayek and P.W. 18
mentioned exhibit C and also stated that he had prepared the label
(mat exhibit 4/10) and also signed into it along with date (mat exhibit
4/11). P.W. 18 identified the DVD (mat exhibit 5/3) which had been
seized from SI Barun Kumar Nayek and P.W. 18 mentioned exhibit D
and also stated that he had prepared the label (mat exhibit 5/10) and
also signed into it along with date (mat exhibit 5/11).
Now section 27 of the Indian Evidence Act states about - “How
much of information received from accused may be proved” and two
essential requirements for the application of this section are that (i)
the person giving information must be an accused of any offence and
(ii) he must also in police custody. On perusal of exhibit 29/9 this
court finds that its the Disclosure Memo of the remand accused of this
case and it had been duly signed by P.W. 10 and also identified the
signatures and date of his friend Uttam Dolui and P.W. 18 also signed
in to it. At the time of argument Ld. Special PP relied upon a citation in
respect of section 27 of Indian Evidence Act reported in (1972) 1
Supreme Court Cases 249 where it was held that “Discovery of
concealed article is fact discovered”. In this context Ld. Lawyer for the
accused referred a citation reported in Pulukuri Kotayya and others vs
King Emperor and argued that in this case section 27 of Indian
Evidence Act is not applicable as because there was no discovery at
all as the URL has already been mentioned in the written complaint.
On careful reading of the said citation this court is of the view that
this citation is not applicable in this case as because even though
only one URL had been mentioned in the written complaint but here
in this case several other URL were discovered which contained the
nude pictures and videos of P.W. 1. Now, according to exhibit 29/9 this
court further finds that URL links are mentioned. The question is how
much of the information would go into evidence u/s 27 of the Indian
Evidence Act despite the fact that the information was given by the
accused to the police while he was police custody and only that part
of the information supplied by the accused which is direct and
immediate cause of discovery will go into evidence. Discovery of fact
must be in consequence of information given by the accused. In Anter
Singh vs State (2004) 10 SCC 657: AIR 2004 SC 2865: 2004 Cr LJ
1380 it was held that - “the information was clear, immediate and
proximate cause of the discovery”. It is now the settled legal position
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