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Roshan S/O. Channulal Lilhare (In Jail) vs State Of Maharashtra Thr. P.S.O., P.S. ... on 23 January, 2020 cites

Mohd. Hussain @ Julfikar Ali vs The State (Govt. Of Nct) Delhi on 11 January, 2012

(Emphasis supplied) In this case, the offences with which the appellant is charged are of very serious nature and if the prosecution succeeds and the appellant is convicted under Section 302 of the Indian Penal Code the sentence could be death or life imprisonment. We are remanding the case to the Sessions Court just to afford the opportunity to the appellant to explain the evidence as emerged in the C.A. reports. While ::: Uploaded on - 20/02/2020 ::: Downloaded on - 17/03/2020 23:02:34 ::: Judgment 18 APL158.2019.odt remanding the case, we have also taken into consideration that the entire evidence is led by the prosecution and the circumstances which are incriminating are put to the accused extensively under Section 313 of the Code of Criminal Procedure and questions also regarding the C.A. reports generally in the manner set out herein above are put to the accused. However, the particulars of the C.A. reports particularly the contents of the same which are incriminating against the accused are not put to the accused and therefore, to give opportunity to the appellant to explain the said circumstances, we are exercising our power under Section 386(b) of the Code of Criminal Procedure remanding matter for conducting re-trial from the stage of recording additional statement of the appellant-accused under Section 313 of the Code of Criminal Procedure It is significant to note that as held by the Hon'ble Apex Court in the Case of Mohd. Hussain Alias Julfikar Ali Vs. State (Government of NCT of Delhi), ( cited supra) that re-trial contemplated under Section 386(b) of the Code of Criminal Procedure is not a second trial but it is a continuation of same trial and same prosecution. We are exercising our power under Section 386(b) of the Code of Criminal Procedure to protect the right of the appellant to fair trial and due process and also keeping in mind the interest of the society. As we have found that certain questions which are to be put to the appellant-accused under Section 313 of the Code of Criminal ::: Uploaded on - 20/02/2020 ::: Downloaded on - 17/03/2020 23:02:34 ::: Judgment 19 APL158.2019.odt Procedure, 1973 were not put to him and therefore we are remanding the case and we are not discussing and analyzing in detail the evidence on record. Therefore, we pass the following order :
Supreme Court of India Cites 42 - Cited by 221 - H L Dattu - Full Document
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