Head note: Madras High Court – Sec. 482 petition – To conduct investigation and file final report – Madras High Court order on returning final reports – Direction
Sec. 482 petition – To conduct investigation and file final report.
Appeal – Witnesses turned hostile – Recovery – DNA test – Fact discovered must lead to physical object and only that information can be proved – Recovery proves the factum of object found and the knowledge of the accused to its existence – except recovery rest of the information is to be excluded – Hypotheses presumption as to the accused’s knowledge of the hidden object – Custody includes restriction, restraint and surveillance by the police – Section 25 applies equally whether or not the person was in custody – Confession means not only the admission of offence but all other admissions of incriminating facts related to the offence – Word of mouth information to the police if used against the person giving then it deemed to have submitted himself to custody – Presumption as to how the accused knew the place of concealed dead body – Section 106 Evidence act does not dilute the burden on prosecution – Section 8 Evidence Act – When false defence taken by the accused may use as additional link by the court? – Principles regarding circumstantial evidence – What is circumstantial evidence and appreciation of the same – Conviction confirmed
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