Coming back to factual aspects of this case, on the basis of the above confession of Chanchal Bhaskar [A-3], the only recovery which was made was one Rope, which was used in committing the offence, which the counsel rightly pointed, is a common material or thing which is available anywhere in the market or at every household. Further, we may note that, there is no investigation to link the rope recovered with the crime as no report concerning the forensic aspects of the fiber or any recovered strands are part of the record. Therefore, the major condition for application of Section 27 of the Evidence Act is not fulfilled. Accordingly, we cannot append any value to the confession of Chanchal Bhaskar [A-3].
1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1691-1692 OF 2010 KUSAL TOPPO AND ANOTHER …APPELLANTS VERSUS STATE OF JHARKHAND …RESPONDENT O R D E R 1. These appeals by special leave are directed against the judgment and order dated 12.1.2009 passed by the High Court of Judicature of Jharkhand at… Read More Coming back to factual aspects of this case, on the basis of the above confession of Chanchal Bhaskar [A-3], the only recovery which was made was one Rope, which was used in committing the offence, which the counsel rightly pointed, is a common material or thing which is available anywhere in the market or at every household. Further, we may note that, there is no investigation to link the rope recovered with the crime as no report concerning the forensic aspects of the fiber or any recovered strands are part of the record. Therefore, the major condition for application of Section 27 of the Evidence Act is not fulfilled. Accordingly, we cannot append any value to the confession of Chanchal Bhaskar [A-3].