Sunday, 9 April 2017

Whether trial will be vitiated if statements U/S 313 of CRPC of different accused are taken on different dates?

According to the learned counsel for the accused No.3, a joint
statement of all the accused was recorded by the Trial Court under
Section 313,Cr.P.C. This contention, in our opinion, is ill-founded.
We have examined the record and found that separate statement
under Section 313 of each accused has been recorded. It is a
different matter that their statements have been recorded in part on
different dates. That, in our opinion, does not vitiate the trial. Had it
been a case of all questions put to all the accused jointly and one
statement recorded by the Trial Court, it may have become
necessary for us to consider this argument. In the present case, we
find that separate statement of each accused under Section 313,
has been recorded on different dates. That is substantial
compliance of Section 313, Cr.P.C.
 [REPORTABLE]
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 467/2010
Kishore Bhadke 
Vs.
State of Maharashtra 
Dated:Dated: January 3, 2017.

Citation: 2017 ALLMR(CRI)1316 SC
Read full judgment here: Click here

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