SC rules disclosure statements irrelevant in Gujarat Murder Case

The Supreme Court in the case Allarakha Habib Memon Etc. Versus State Of Gujarat observed and has held hat the disclosure made by an accused under Section 27 of the Indian Evidence Act. 1872 is irrelevant if the fact was previously being known to the police.

The court in the case reserved the conviction in a murder case.

The court held that the disclosure of the accused with regards to the crime scene was irrelevant as this fact was already being known to the police. The said statement was not admissible under Section 27 of the Indian Evidence Act, 1872.

The court held that the circumstances with regards to the identification of place of incident at the instance of the accused is also inadmissible because the crime scene was already being known to the police and no new fact was discovered in pursuance of the disclosure statements.

The bench comprising of Justice BR Gavai and Justice Sandeep Mehta in the case stated that the, Investigating Officer, the PW-18 deposed that he arrested the accused persons. Therefore, a detailed enquiry was being made from all three accused-appellants, and the accused were examined for the injuries found on their bodies. All the accused-appellants conveyed the willingness of them to show the place of the offence and panchnama as per Section 27 of the Evidence Act, 1872 was prepared. However, since the place of incident was also known to police, the said disclosure is irrelevant.