Issues
- Purpose of Section 313 Cr.P.C.
- Whether failure to ask questions from an accused u/s 313 CrPC would vitiate the entire trial?
Held
- Apex Court allowed an appeal and set aside the conviction of accused for offence of attempt to murder.
- The purpose of Section 313 CrPC is to provide the accused a reasonable opportunity to explain the adverse circumstances which have emerged against him during the course of trial. A reasonable opportunity entails putting all the adverse evidences in the form of questions so as to give an opportunity to the accused to articulate his defence and give his explanation. If all the circumstances are bundled together and a single opportunity is provided to the accused to explain himself, he may not able to put forth a rational and intelligible explanation. Such, exercises which defeats fair opportunity are nothing but empty formality. Non-fulfilment of the true spirit of Section 313 may ultimately cause grave prejudice to the accused and the Court may not have the benefit of all the necessary facts and circumstances to arrive at a fair conclusion.
- It is the solemn duty of the courts below to consider the defence of the accused. The same must be considered with caution and must be scrutinised by application of mind by the judge. The Court may accept or reject the same, however it cannot be done cursorily. The
reasoning and the application of mind must be reflected in writing.
Relevant Para No.
- 26, 27, 28 & 30