In a significant judgment, the High Court emphasized that the "discovery evidence" under Section 27 has a limited scope. While information voluntarily provided by an accused that directly leads to the discovery of a fact relevant to the crime is admissible, its application is strictly confined to the individual who furnished that information.
This means that simply because one accused's statement helps uncover evidence (like a weapon or stolen goods), this discovery cannot then be used as a blanket piece of evidence to connect other accused persons to the crime. The prosecution must establish independent evidence to link each accused to the discovered fact.
This ruling reinforces the principle of individual culpability and guards against guilt by association, ensuring that each accused person's involvement is proven through specific and admissible evidence. It's a vital reminder for law enforcement and legal practitioners about the precise application of Section 27 and the fundamental rights of the accused.
Kindly refer to the case- Selvan v. State of Kerala, Crl.Rev.. Pet. No. 1438 of 2017