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1 - 10 of 10 (0.19 seconds)Section 313 in The Indian Penal Code, 1860 [Entire Act]
Section 364 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 342 in The Code of Criminal Procedure, 1973 [Entire Act]
Asraf Ali vs State Of Assam on 17 July, 2008
"73. It is a settled law that the statement under
Section 313 Cr. PC is to serve a dual purpose,
firstly, to afford to the accused an opportunity to
explain his conduct and secondly to use denials
of established facts as incriminating evidence
against him. In this regard, we may refer to some
recent judgments of this Court. This Court in
Asraf Ali v. State of Assam [(2008) 16 SCC
328] has observed as follows :
S. Harnam Singh vs The State (Delhi Admn.) on 23 March, 1976
22. The object of Section 313 of the Code is to
establish a direct dialogue between the court
and the accused. If a point in the evidence is
important against the accused, and the
conviction is intended to be based upon it, it is
right and proper that the accused should be
questioned about the matter and be given an
opportunity of explaining it. Where no specific
question has been put by the trial court on an
inculpatory material in the prosecution
evidence, it would vitiate the trial. Of course,
all these are subject to rider whether they have
caused miscarriage of justice or prejudice. This
Court also expressed a similar view in S.
Harnam Singh v. State (Delhi Admn.) while
dealing with Section 342 of the Criminal
Procedure Code, 1898 (corresponding to
Section 313 of the Code). Non-indication of
inculpatory material in its relevant facts by the
trial court to the accused adds to the
vulnerability of the prosecution case.
Recording of a statement of the accused under
Section 313 is not a purposeless exercise."
Munna Kumar Upadhyaya @ M.Upadhyaya vs State Of A.P.Tr.Pub.Prosecutor on 8 May, 2012
In the instant case the kind of
question posed to the appellant does not satisfy the requirement of
Section 313 Cr.P.C. Reference in this connection may be made to the
judgment of the Apex Court in the case of Munna Kumar
Upadhyaya @ Munna Upadhyaya vs State of Andhra.Pradesh
Through Public Prosecutor, Hyderabad, Andhra Pradesh: (2012)
6 SCC 174:
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