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Rajesh & Anr. vs. State of M. P. (SC)

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Evidence Act, 1872–Sec. 27–Scope–It is essential u/s. 27 of the Act that the person concerned must be the accused of an offence and being in the custody of the police officer, he or she must give information, whether it amounts to a confession or not, that relates distinctly to the fact discovered, may be proved against him–In effect, both aspects viz., being in the custody of a police officer and being accused of an offence are indispensable prerequisites to render a confession made to the police admissible to a limited extent, by bringing into play the exception postulated u/s. 27 of the Act.