Recovery of evidence from open or accessible place when admissible in evidence?

In the case in hand, it is seen that the bag was kept in
the debris and it was found only after the bag was taken out by
the accused from the debris.
In such circumstances, the
prosecution has proved recovery of bag at the instance of the

accused in which the clothes of the deceased were found. This is

an additional circumstance against the accused.
Recovery of evidence from open or accessible place is admissible if it is not ordinarily visible to others.Bag containing blood stained clothes of deceased was kept in debris-held recovery at instance of accused proved-It is incriminating circumstance against accused

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI. CONFIRMATION CASE NO. 6 OF 2013
(Reference made by P.H. Mali, Special Judge (PCFSO), Thane)
IN
SPECIAL CASE NO. 1 OF 2013
The State of Maharashtra



Vs

Dattatraya @ Datta Ambo Rokade Navi Mumbai ]

CORAM
SMT. V.K. TAHILRAMANI & SHRI. V.L. ACHLIYA, JJ
Dated; MARCH 21, 24 & 25, 2014.
Read full judgment here;click here

Print Page