Evidence Act, 1872, Section 27 read with Section 114

Evidence Act, 1872—Section 27 read with Section 114—Recovery on the disclosure statements of either of the respondents/accused persons was not in close proximity of time from the date of incident—More so, recovery is either of cash, small things or vehicles which can be passed from one person to another without any difficulty—In such a fact situation, no presumption, held,  can be drawn against the said two respondents/accused under Section 114 Illustration (a) of the Evidence Act—No adverse inference can be drawn on the basis of recoveries made on their disclosure statements to connect them with the commission of the crime.

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File Name: - SC_AUGUST 2011_5

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