Friday 14 August 2020

Whether the court should ask questions to accused U/S 313 of CRPC in respect of every piece of prosecution evidence?

We have also perused the questions put Under Section 313 of the Code of Criminal Procedure and answers given by the Accused which are on the record. We do not find that in the present case spirit of Section 313 is forgotten, nor it can be said that the court has not complied with said provision. Sub-section (b) of Section 313 requires the court to question the Accused generally on the case after the prosecution evidence is over. It does not require to re-write hundred pages evidence in another hundred pages to record the statement of the Accused under the Section. It should be borne in mind that entire evidence has been recorded in the presence of the Accused or his counsel, and before he enters into his defence, what is required is that he is generally asked on the case, after the prosecution evidence is over, to explain any circumstances in the evidence against him. It does not require that each and every sentence of the prosecution evidence has to be re-written and read over once again while examining the Accused Under Section 313 of the Code of Criminal Procedure.

Criminal Appeal Nos. 31 and 32 of 2008

Decided On: 11.08.2017

 Suresh Chandra Jana and Ors. Vs.  The State of West Bengal and Ors.

Hon'ble Judges/Coram:
N.V. Ramana and Prafulla C. Pant, JJ.

Citation: 2017(16) SCC 466.
Read full judgment here: Click here
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