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1 - 10 of 10 (0.24 seconds)Section 342 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Ram Narain Singh vs The State Of Punjab on 15 July, 1975
32. Following the law laid down in Narain Singh case [(1964) 1
Cri LJ 730 : (1963) 3 SCR 678] the Apex Court in State of
Maharashtra v. Sukhdev Singh [(1992) 3 SCC 700 : 1992 SCC (Cri) 705 : 1992
Cri LJ 3454] further dealt with the question whether a statement recorded
under Section 313 CrPC can constitute the sole basis for conviction and
recorded a finding that the answers given by the accused in response to his
examination under Section 313 CrPC of 1973 can be taken into consideration
in such an inquiry or trial though such a statement strictly is not evidence and
Patna High Court CR. APP (DB) No.1386 of 2017 dt.07-01-2025
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observed in para 52 thus : (Sukhdev Singh case [(1992) 3 SCC 700 : 1992 SCC
(Cri) 705 : 1992 Cri LJ 3454] , SCC p. 744)
"52. Even on first principle we see no reason why the court
could not act on the admission or confession made by the
accused in the course of the trial or in his statement recorded
under Section 313 of the Code."
Hate Singh Bhagat Singh vs State Of Madhya Bharat on 2 November, 1951
In Hate Singh Bhagat Singh v. State of Madhya Bharat [1951
SCC 1060 : AIR 1953 SC 468 : 1953 Cri LJ 1933] , while dealing with Section
342 of old CrPC equivalent to Section 313 of present CrPC observed that
answer of the accused given can be used in other enquiries or trials for other
offences.
Section 302 in The Indian Penal Code, 1860 [Entire Act]
State Of Maharashtra Etc. Etc vs Sukhdeo Singh And Anr. Etc. Etc on 15 July, 1992
32. Following the law laid down in Narain Singh case [(1964) 1
Cri LJ 730 : (1963) 3 SCR 678] the Apex Court in State of
Maharashtra v. Sukhdev Singh [(1992) 3 SCC 700 : 1992 SCC (Cri) 705 : 1992
Cri LJ 3454] further dealt with the question whether a statement recorded
under Section 313 CrPC can constitute the sole basis for conviction and
recorded a finding that the answers given by the accused in response to his
examination under Section 313 CrPC of 1973 can be taken into consideration
in such an inquiry or trial though such a statement strictly is not evidence and
Patna High Court CR. APP (DB) No.1386 of 2017 dt.07-01-2025
17/20
observed in para 52 thus : (Sukhdev Singh case [(1992) 3 SCC 700 : 1992 SCC
(Cri) 705 : 1992 Cri LJ 3454] , SCC p. 744)
"52. Even on first principle we see no reason why the court
could not act on the admission or confession made by the
accused in the course of the trial or in his statement recorded
under Section 313 of the Code."
Section 209 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Maharashtra vs Dr. R. B. Chowdhary & 2 Ors on 19 April, 1967
Thus the answers given by the accused in response to his examination under
Section 313 can be taken into consideration in such inquiry or trial. This much
is clear on a plain reading of the above sub-section. Therefore, though not
strictly evidence, sub-section (4) permits that it may be taken into
consideration in the said inquiry or trial. See State of Maharashtra v. R.B.
Chowdhari [(1967) 3 SCR 708 : AIR 1968 SC 110 : 1968 Cri LJ 95] .
Nishi Kant Jha vs State Of Blihar on 2 December, 1968
"27. The statement made in defence by the accused under Section
313 CrPC can certainly be taken aid of to lend credence to the evidence led by
the prosecution, but only a part of such statement under Section 313 of the
Code of Criminal Procedure cannot be made the sole basis of his conviction.
The law on the subject is almost settled that statement under Section 313 CrPC
of the accused can either be relied in whole or in part. It may also be possible
to rely on the inculpatory part of his statement if the exculpatory part is found
to be false on the basis of the evidence led by the prosecution. See Nishi Kant
Jha v. State of Bihar [(1969) 1 SCC 347 : AIR 1969 SC 422] : (SCC pp. 357-
58, para 23)
"23. In this case the exculpatory part of the
statement in Exhibit 6 is not only inherently improbable but is
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contradicted by the other evidence. According to this statement,
the injury which the appellant received was caused by the
appellant's attempt to catch hold of the hand of Lal Mohan
Sharma to prevent the attack on the victim. This was
contradicted by the statement of the accused himself under
Section 342 CrPC to the effect that he had received the injury in
a scuffle with a herdsman. The injury found on his body when
he was examined by the doctor on 13-10-1961 negatives both
these versions. Neither of these versions accounts for the
profuse bleeding which led to his washing his clothes and
having a bath in River Patro, the amount of bleeding and the
washing of the bloodstains being so considerable as to attract
the attention of Ram Kishore Pandey, PW 17 and asking him
about the cause thereof. The bleeding was not a simple one as
his clothes all got stained with blood as also his books, his
exercise book and his belt and shoes. More than that the knife
which was discovered on his person was found to have been
stained with blood according to the report of the Chemical
Examiner. According to the post-mortem report this knife could
have been the cause of the injuries on the victim. In
circumstances like these there being enough evidence to reject
the exculpatory part of the statement of the appellant in Exhibit
6 the High Court had acted rightly in accepting the inculpatory
part and piercing the same with the other evidence to come to
the conclusion that the appellant was the person responsible for
the crime."
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