Chinnan vs The Inspector Of Police on 23 July, 2026

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    Madras High Court

    Chinnan vs The Inspector Of Police on 23 July, 2026

    Author: Mohammed Shaffiq

    Bench: Mohammed Shaffiq

                                                                             Crl.RC.(MD)No.713 of 2019
    
                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                                       RESERVED ON :30-04-2026
    
                                                  PRONOUNCED ON : 23.07.2026
    
                                                               CORAM:
    
                             THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ
    
                                                       CRL RC(MD).No.713 of 2019
    
                         1.Chinnan
                         2.Chandran                                             ... Petitioners
                                                               Vs.
    
                         The State through
                         the Inspector of Police,
                         Bodi Taluk Police Station,
                         Theni District,
                         Cr.No.339/2009.                                       ... Respondent
    
    
                         PRAYER :- This Criminal Revision Case is filed under Section 397 and
                         401 of Criminal Procedure Code, to call for the records judgment in
                         C.C.No.06/2011 on the file of the Assistant Sessions Court, Theni and
                         confirmed the Judgment C.A.No.69/2017 on the file of the Additional
                         District and Sessions Judge (Fast Track), Theni dated 18.01.2019 set
                         aside the same and acquittal the accused for the offence punishable under
                         Section 394 of Indian Penal Cose.
    
    
                                      For Petitioner      : Mr.R.M.Arun Swaminathan
    
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    https://www.mhc.tn.gov.in/judis
                                                                               Crl.RC.(MD)No.713 of 2019
    
                                      For Respondent    : Mr.A.Thiruvadi Kumar
                                                          Additional Public Prosecutor
    
                                                               ORDER
    

    The present Criminal Revision Case is filed challenging the order

    passed by Additional District and Sessions Judge (Fast Track), Theni, in

    SPONSORED

    C.A.No.69 of 2017 dated 18.01.2019, confirming the order passed by

    Assistant Sessions Judge, Theni in S.C.No.6 of 2011 dated 10.04.2017.

    2.Brief facts:

    2.1. It is the case of prosecution that on 11.10.2009 around 12.00

    PM, defacto complainant and his wife, who were newly married after

    visiting P.W.2’s paternal home, visited their relative’s home for breakfast.

    While they were returning home, they were waylaid by A1 and

    A2/petitioners herein, A1 threatened P.W.2 with a knife while A2

    snatched the chains, viz., thali chain and godhumai cutting chain from

    P.W.2.

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    Crl.RC.(MD)No.713 of 2019
    2.2 P.W.1, one of the defacto complainants, tried to resist and in

    that process, was injured by petitioners herein. Ornaments robbed from

    P.W.2 is stated to weigh about 10 sovereigns of gold. On the basis of

    their complaint, an FIR came to be registered in Crime No.339 of 2009

    for offence under Section 397 of IPC. Petitioners were arrested on

    07.05.2010, i.e., almost 6 months after the date of occurrence by P.W.9,

    who apprehended petitioners in relation to Crime No.623 of 2010. It may

    be relevant to note that P.W.9 is an officer of Theni Police Station.

    During the course of enquiry/interrogation by P.W.9, petitioners herein

    had disclosed commission of the alleged offence and confessed that after

    having robbed P.W.1 and P.W.2 of the chains, had pledged the same with

    one Manikandan. Pursuant to the above confession statement, P.W.9 had

    taken the petitioners herein to Manikandan and recovered ornaments,

    viz., thali chain and godhumai cutting chain. Thereafter, petitioners were

    identified as one who had committed the act of robbery and also the

    jewellery was also identified by P.W.1 and P.W.2. It may also be relevant

    to note that there are no rival claimants with regard to jewellery/chains,

    which have been recovered. Thereafter, final report was filed by the

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    Crl.RC.(MD)No.713 of 2019
    respondent Police and trial commenced before the Assistant Sessions

    Court, Theni in S.C.No.6 of 2011.

    3. Trial Court convicted the petitioners herein for offence under

    Section 394 IPC and sentenced to undergo three years rigorous

    imprisonment and to pay a fine of Rs.1000/- each , in default, to undergo

    two months rigorous imprisonment. Aggrieved, petitioners preferred

    appeal in C.A.No.69 of 2017 before Additional District and Sessions

    Judge (Fast Track), Theni, who confirmed the order of the Trial Court. It

    is against the above order, petitioners had preferred the present revision

    case.

    4. Finding of the trial court:

    a) The victims / Complainants had identified petitioners in court.

    A1 was not in court, thus identification of A1 was not possible.

    b) Victims / Complainants were intimidated by petitioners, who

    attempted to murder the victims / complainant. The complainants while

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    Crl.RC.(MD)No.713 of 2019
    defending was injured and accident report marked as Exhibit P11 would

    also show that the complainant were injured.

    c) Complainants visited the hospital around 4:30 p.m. for treatment

    stating that two known persons had attacked him, while defending was

    injured. Doctor had opined that the injuries may not have been caused

    while defending and it was possible that it was self-inflicted.

    d) That there was a confession by the petitioners of handing over

    the stolen jewellery from victim / complainant to one Manigandan.

    Pursuant thereto, petitioners were taken to Manigandan and Manigandan

    was in fact identified by petitioners and stolen articles were recovered

    from the said Manigandan.

    e) Allegation of motives behind the complaint was found to be

    baseless inasmuch as there was neither previous enmity between the

    petitioner and the complainant nor between the petitioner and the

    investigating officer.

    f) Though Balu and Arivandandham had turned hostile that by

    itself would not detract the evidentiary value of other evidence including

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    Crl.RC.(MD)No.713 of 2019
    statement of injured witness, recovery of material objects which would

    show that the petitioners in fact had committed the alleged offense.

    5. On the strength on the strength of the above findings, the trial

    court arrived at a conclusion that the petitioners were guilty of the

    offense under section under Section 394 of IPC.

    6. Case of petitioners:

    Order of the Trial Court has been challenged primarily on three

    grounds, viz.,

    a) That gold chains, which are alleged to have been robbed by

    petitioners have been recovered from Manikandan. He was not examined.

    Failure to examine Manikandan from whom the jewellery/chains were

    recovered would prove fatal.

    b) That injuries have been indicated by the Doctor, who examined

    P.W.2, as having been self inflicted.

    c) That ingredients of robbery have not been made out. Though the

    knife, which was allegedly used in commission of offence was recovered,

    there were no blood stains.

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    7. To the contrary, learned Additional Public Prosecutor,

    Mr.A.Thiruvadikumar would submit that this court may have to keep the

    following aspects in mind, namely,

    a) Petitioners herein were apprehended by P.W.9, a police officer,

    who was attached to Theni Police Station and has nothing to do

    whatsoever with the alleged offence. On interrogation, there was a

    confession, which lead to recovery of material objects and therefore, that

    becomes relevant in terms of Section 27 of Evidence Act.

    b) That possibility of self-infliction is only by way of suggestion

    and it is not conclusive statement / opinion by / of the Doctor.

    c) That petitioners are habitual offenders as they are alleged to

    have been involved in more than one case and even before the doctor,

    P.W.1 and P.W.2 soon after they were injured, had indicated that they can

    identify the two offenders and as a matter of fact, also identified

    petitioners who committed the act of robbery.

    d) If this Court keeps in view the evidence of P.W.1 and P.W.2,

    who are the victims and who have also identified the petitioners and also

    the material objects involved in the offence and also the fact that

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    Crl.RC.(MD)No.713 of 2019
    pursuant to the confession statement, jewellery, which P.W.1 and P.W2

    were robbed off, has been recovered, would conclusively show

    commission of offence by petitioners herein.

    7.1. Learned Additional Public Prosecutor would also submit that

    this is the case which may not warrant any leniency inasmuch as

    petitioners are habitual offenders.

    8. Heard both sides. Perused materials on record.

    9. The order of the Trial Court does not warrant any interference

    for the following reasons:

    A) Recovery of stolen articles – pursuant to confession – Relevant:

    9.1 That Section of 27 of the Evidence Act would get attracted to

    the statement made by petitioners insofar as it leads to discovery of facts.

    To appreciate the above contention, it may be relevant rather necessary to

    refer to Section 27 of the Evidence Act, which reads as under:

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    “27. How much of information received from
    accused may be proved.––Provided that, when any fact
    is deposed to as discovered in consequence of
    information received from a person accused of any
    offence, in the custody of a police-officer, so much of
    such information, whether it amounts to a confession or
    not, as relates distinctly to the fact thereby discovered,
    may be proved.”

    9.2 From a reading of Section 27, it appears that the following

    conditions must be fulfilled for Section 27 to get attracted / invoked:

    (i) There must be discovery of fact albeit relevant fact, in

    consequence of the information received from a person accused of an

    offence.

    (ii) The discovery of such fact must be deposed to.

    (iii) At the time of the receipt of the information the accused must

    be in police custody.

    (iv) That only so much of the information as relates distinctly to

    the fact, thereby discovered is admissible.

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    B) Scope of Section 27 of the Evidence Act:

    a) While this Court is conscious that confessions in police custody

    may not be admissible, Section 27 of the Indian Evidence Act is founded

    on a principle that even though the evidence relating to the confessional

    or other statements made by a person while he is in the custody of a

    police officer, is tainted and therefore inadmissible, if the truth of the

    information given by him is assured by the discovery of a fact, it may be

    presumed to be untainted and is therefore declared provable in so far as it

    distinctly relates to the fact thereby discovered.

    (b) The statement which is admissible under Section 27 is the one

    which is the information leading to discovery.

    (c) It is now well settled that recovery of an object is not discovery

    of a fact envisaged in the section.

    (d) The “fact discovered” envisaged in the section embraces the

    place from which the object was produced, the knowledge of the accused

    as to it, but the information given must relate distinctly to that effect.

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    C) Section 27 represents loosely what is known as the doctrine of

    confirmation by subsequent fact. The rationale for admissibility of that

    part of statement which is subsequently by discovery of a material fact is

    that it must be reliable. In this regard, it may be relevant to refer the

    following judgments:

    a) Aftab Ahmad Anasari v. State of Uttaranchal, (2010) 2 SCC 583 :

    (2010) 2 SCC (Cri) 1054 : 2010 SCC OnLine SC 158 at page 596
    “40. Thus, the part of the disclosure statement,
    namely, that the appellant was ready to show the place
    where he had concealed the clothes of the deceased is
    clearly admissible under Section 27 of the Evidence Act
    because the same relates distinctly to the discovery of the
    clothes of the deceased from that very place. The
    contention that even if it is assumed for the sake of
    argument that the clothes of the deceased were recovered
    from the house of the sister of the appellant pursuant to
    the voluntary disclosure statement made by the appellant,
    the prosecution has failed to prove that the clothes so
    recovered belonged to the deceased and therefore, the
    recovery of the clothes should not be treated as an
    incriminating circumstance, is devoid of merits.”

    b) Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 :(2011) 2
    SCC (Cri) 985 : 2011 SCC OnLine SC 755 at page 403
    “24. The accused had given a statement (Ext.

    PW-7/A) to the SDM in the presence of PW 11, Inspector
    Nand Kumar which led to discovery of the electric wire by

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    which the crime was committed. We are of the opinion that
    this disclosure was admissible as evidence under Section
    27
    of the Evidence Act, 1872 vide Aftab Ahmad
    Anasari v. State of Uttaranchal
    [(2010) 2 SCC 583 :

    (2010) 2 SCC (Cri) 1054] (para 40) and Manu
    Sharma v. State (NCT of Delhi) [(2010) 6 SCC 1 : (2010)
    2 SCC (Cri) 1385] (SCC paras 234-38). In his evidence
    the Police Inspector Nand Kumar stated that at the
    pointing out of the accused the electric wire with which
    the accused is alleged to have strangulated his daughter
    was recovered from under a bed in a room.”

    c). Boby v. State of Kerala, (2023) 15 SCC 760 : 2023 SCC OnLine SC
    50 at page 771

    “31. It will also be relevant to refer to the
    following observations of this Court in State of
    Karnataka v. David Rozario [State of
    Karnataka
    v. David Rozario, (2002) 7 SCC 728 : 2002
    SCC (Cri) 1852] : (SCC p. 733, para 5)
    “5. … This information which is otherwise admissible
    becomes inadmissible under Section 27 if the
    information did not come from a person in the custody of
    a police officer or did come from a person not in the
    custody of a police officer. The statement which is
    admissible under Section 27 is the one which is the
    information leading to discovery. Thus, what is
    admissible being the information, the same has to be
    proved and not the opinion formed on it by the police
    officer. In other words, the exact information given by
    the accused while in custody which led to recovery of the

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    articles has to be proved. It is, therefore, necessary for
    the benefit of both the accused and the prosecution that
    information given should be recorded and proved and if
    not so recorded, the exact information must be adduced
    through evidence. The basic idea embedded in Section
    27
    of the Evidence Act is the doctrine of confirmation by
    subsequent events. The doctrine is founded on the
    principle that if any fact is discovered as a search made
    on the strength of any information obtained from a
    prisoner, such a discovery is a guarantee that the
    information supplied by the prisoner is true. The
    information might be confessional or non-inculpatory in
    nature but if it results in discovery of a fact, it becomes a
    reliable information. It is now well settled that recovery
    of an object is not discovery of a fact envisaged in the
    section. Decision of the Privy Council in Pulukuri
    Kotayya v. King-Emperor [Pulukuri Kotayya v. King-

    Emperor, 1946 SCC OnLine PC 47 : (1946-47) 74 IA
    65 : AIR 1947 PC 67] is the most-quoted authority for
    supporting the interpretation that the “fact discovered”
    envisaged in the section embraces the place from which
    the object was produced, the knowledge of the accused
    as to it, but the information given must relate distinctly
    to that effect. (See State of Maharashtra v. Damu [State
    of Maharashtra
    v. Damu, (2000) 6 SCC 269 : 2000 SCC
    (Cri) 1088] .
    )”(emphasis supplied)

    The above view was also reiterated in Rumi Bora Dutta v. State of

    Assam, (2013) 7 SCC 417.

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    10. Petitioners had in their confession inter alia stated jewellery

    which were stolen by petitioners, after waylaying defacto complainant,

    was handed over to one Manigandan. Petitioners were taken to

    Manigandan. Petitioners identified Manigandan. Stolen jewellery from

    defacto complaint was recovered from Manigandan.

    11. Applying the above law discussed supra with regard to Section

    27 of the Evidence Act, to the facts on hand, though discovery of

    jewellery / object may not constitute discovery of facts for the purposes

    of Section 27, however, the statement / confession insofar as it reveals

    the following is relevant and admissible viz.,

    a) knowledge of petitioners as to the place where the stolen

    jewellery was kept.

    b) jewellery after being stolen / robbed was handed over to

    Manigandan.

    12. Injured witness -Value – Credibility:-

    P.W.1 and P.W.2 are victims. P.W.1 was injured during the

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    commission of offence of robbery by petitioners. It is trite that evidence

    of the injured witness has greater evidentiary value and greater credence

    attached to it and ought not to be discarded lightly because normally he

    would not falsely implicate a person thereby protecting the actual

    assailant. In this regard, it may be relevant to refer the following

    judgments:

    i). Vijay Shankar Shinde v. State of Maharashtra, (2008) 2 SCC 670 :
    (2008) 1 SCC (Cri) 535 : 2008 SCC OnLine SC 115 at page 672:

    “9. The trial court was not justified in holding that
    because PW 11 was an injured witness he may have reason
    to falsely implicate the accused. However, as rightly
    observed by the trial court and the High Court, the evidence
    of PWs 12 and 13 does not suffer from any deficiency. PWs
    11, 12 and 13 were cross-examined at length but nothing
    substantial could be elicited to destroy the credibility of
    their version. As a matter of fact, the evidence of injured
    person who is examined as a witness lends more credence,
    because normally he would not falsely implicate a person
    thereby protecting the actual assailant.”

    ii) State of M.P. v. Mansingh, (2003) 10 SCC 414 : (2007) 2 SCC (Cri)
    390 : 2003 SCC OnLine SC 847 at page 419:

    “9. The evidence of injured witnesses has greater
    evidentiary value and unless compelling reasons exist, their
    statements are not to be discarded lightly. Merely because

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    there was no mention of a knife in the first information
    report, that does not wash away the effect of the evidence
    tendered by the injured witnesses PWs 4 and 7. Minor
    discrepancies do not corrode the credibility of an otherwise
    acceptable evidence. The circumstances highlighted by the
    High Court to attach vulnerability to the evidence of the
    injured witnesses are clearly inconsequential…..”1

    iii). Sadakat Kotwar v. State of Jharkhand, (2024) 17 SCC 331 : 2021
    SCC OnLine SC 1046 at page 332:

    3. As held by this Court in State of
    M.P. v. Mansingh [State of M.P.
    v. Mansingh, (2003) 10
    SCC 414 : (2007) 2 SCC (Cri) 390] , SCC para 9, the
    evidence of an injured eyewitness has great evidentiary
    value and unless compelling reasons exist, their
    statements are not to be discarded lightly. There are
    concurrent findings recorded by the courts below holding
    the appellants — original accused guilty which do not
    require any interference by this Court in exercise of
    powers under Article 136 of the Constitution of India.”

    Thus, the Courts below are right in attaching credibility to

    evidence of injured witness.

    1

    The above decision was applied in Lakshman Singh v. State of Bihar, (2021) 9 SCC 191; relied
    upon in Manjeet Singh v. State of Haryana, (2021) 18 SCC 321; affirmed in Ashok Kumar Singh
    Chandel v. State of U.P.
    , (2022) 20 SCC 114; and followed in Sadakat Kotwar v. State of
    Jharkhand, (2024) 17 SCC 331.

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    13. Defective Investigation not fatal:

    (i) The submission by petitioners that the investigation was

    defective inasmuch as Manigandan was not examined and that there were

    no blood stains in the recovered knife / weapon, as indicative of lapses in

    investigation but not taken into account by trial Court. Assuming that

    there has been lapses or deficiency in investigation, that by itself would

    not prove fatal as long as evidence on record is adequate to support the

    case of prosecution. In this regard, it may be relevant to refer to the

    following decisions:-

    i). Ram Bali v. State of U.P., (2004) 10 SCC 598 : 2004 SCC
    (Cri) 2045 : 2004 SCC OnLine SC 504 at page 604:

    “12. The investigation was also stated to be defective
    since the gun was not sent for forensic test. In the case of a
    defective investigation the court has to be circumspect in
    evaluating the evidence. But it would not be right in
    acquitting an accused person solely on account of the defect;
    to do so would tantamount to playing into the hands of the
    investigating officer if the investigation is designedly
    defective. (See Karnel Singh v. State of M.P. [(1995) 5 SCC
    518 : 1995 SCC (Cri) 977] )

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    14…….When the direct testimony of the eyewitnesses
    corroborated by the medical evidence fully establishes the
    prosecution version, failure or omission or negligence on
    the part of the IO cannot affect the credibility of the
    prosecution version.

    34. Thus, what can be deduced from the above is that
    by itself non-recovery of the weapon of crime would not be
    fatal to the prosecution case When there is such non-

    recovery, there would be no question of linking the empty
    cartridges and pellets seized during investigation with the
    weapon allegedly used in the crime.”
    (emphasis supplied)

    ii). Paras Yadav v. State of Bihar [(1999) 2 SCC 126 : 1999 SCC (Cri)
    104]

    “It was held that if the lapse or omission is
    committed by the investigating agency or because of
    negligence there had been defective investigation the
    prosecution evidence is required to be examined dehors
    such omissions carefully to find out whether the said
    evidence is reliable or not and to what extent, such lapse
    affected the object of finding out the truth. The
    contaminated conduct of officials alone should not stand
    in the way of evaluating the evidence by the courts in
    finding out the truth, if the materials on record are
    otherwise credible and truthful; otherwise the designed
    mischief at the instance of biased or interested
    investigator would be perpetuated and justice would be
    denied to the complainant party, and in the process to the
    community at large.”
    (emphasis supplied)

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    14. In that view of the matter, this Court is not inclined to interfere

    with the judgment passed in C.C.No.06/2011 on the file of the Assistant

    Sessions Court, Theni and confirmed in C.A.No.69/2017 on the file of

    the Additional District and Sessions Judge (Fast Track), Theni dated

    18.01.2019.

    15. With the above observations, the Criminal Revision Petition

    stands dismissed.

    23.07.2026

    Index: Yes/No
    Neutral Citation : Yes/No
    Speaking / Non Speaking order
    Spp/Lm/anu

    To:

    1.The Assistant Sessions Court, Theni

    2.The Additional District and Sessions Judge (Fast Track),
    Theni

    3.Inspector of Police,

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    Bodi Taluk Police Station,
    Theni District,

    4.The Public Prosecutor,
    Madurai Bench of Madras High Court, Madurai.

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    MOHAMMED SHAFFIQ, J

    Lm/Spp/anu

    Crl.RC(MD) No.713 of 2019

    23.07.2026

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