Now we come to the recovery allegedly made Under Section 27, which is also fraught with inconsistencies as we would presently indicate. The memorandum Under Section 27 of the Evidence Act produced as Ex. P4 indicates the same having been drawn up on 13.10.2018 at 10.30 A.M. The only admissible portion in the said memorandum is: 'I will show you the place... where her bones and ashes are and the place where her skull and bones were..'(sic). The police were led by the Accused first to a field from where bones with ashes were recovered at 10.55 A.M evidenced by Property Seizure Memo Ex.P5. The canal was searched by three fishermen PW 3 to PW 5 who recovered the skull with 8 numbers of tooth of the upper jaw and a piece of bone wrapped in a green color saree, all of which showed evidence of burning as indicated in Ex.P3 Property Seizure Memo at 13.00 on 13.10.2018. Though the recoveries as per Exts. P3 & P5 Memos were made, in accordance with the confession statement of the Accused, Ext. P4 at 10.30 on 13.10.2018, the Arrest/Court Surrender Memo produced at Ex.P27, indicates the arrest of the Accused having been made on 13.10.2018 at 22.00 hrs. Section 27 of the Evidence Act clearly speaks of information received from a person Accused of any offence while in the custody of the police leading to a discovery of a fact being enabled of proof in the trial. The Accused at the time of the statement was not in the custody of the police and hence it is removed from the ambit of Section 27. {Para 10}
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 689 of 2026
Decided On: 17.02.2026
Rohit Jangde Vs. The State of Chhattisgarh
Hon'ble Judges/Coram:
P.V. Sanjay Kumar and K. Vinod Chandran, JJ.
Author: K. Vinod Chandran, J.
Citation: MANU/SC/0159/2026.
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