Md. Bani Alam Mazid @ Dhan vs State Of Assam 2025 INSC 260 - S 27,106 Evidence Act - Last Seen Together

Indian Evidence Act 1872 - Section 27 -The word ‘fact’ contemplated in Section 27 of the Evidence Act is not limited to ‘actual physical material object.’ Discovery of fact arises by reason that the information given by the accused exhibited the knowledge or the mental awareness of the informant as to its existence at a particular place which includes discovery of the object, the place from which it is discovered and the knowledge of the accused as to its existence. (Para 38)

Criminal Trial - Motive - In a case where direct evidence of eye witness is available, motive loses its importance. But absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused. (Para 49) [Context: SC acquitted the accused overturning his conviction by the Gauhati High Court and the Sessions Court for kidnapping, murder, and causing disappearance of evidence under Sections 366(A), 302, and 201 read with Section 34 IPC.]