To what extent conduct of accused in relevant even if prosecution has failed to prove his discovery statement U/S 27 of Evidence Act?

 Even if we have to discard the evidence of discovery

on the ground that no independent witnesses were present

at the time of discovery, still the fact that the appellant

herein led the police party to his house and handed over the

ice pick used at the time of the assault, would be reflective

of his conduct. By virtue of Section 8 of the Evidence Act,

the conduct of an accused is relevant, if such conduct

influences or influenced by any fact in issue or relevant fact.

The evidence of the circumstance, simpliciter, that the

accused pointed out to the police officer, the place where he

had concealed the weapon of offence i.e. ice pick, would be

admissible as conduct under Section 8 irrespective of the

fact whether the statement made by the appellant convict

contemporaneously with or antecedent to such conduct

falls within the purview of Section 27 of the Evidence Act or

not. Even if we hold that the discovery statement made by

the appellant convict referred to above is not admissible

under Section 27 of the Evidence Act, still it is relevant

under Section 8 of the Evidence Act. {Para 78}

2023INSC765

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1554 OF 2015

MUKESH SINGH Vs THE STATE (NCT OF DELHI) 

Author: J.B. PARDIWALA, J. :

Dated: AUGUST 24, 2023.

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