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The State Of Himachal Pradesh vs Raghubir Singh on 15 May, 2024 cites

Hate Singh Bhagat Singh vs State Of Madhya Bharat on 2 November, 1951

17. The statement made by the accused is capable of being used in the trial though to a limited extent. But the law also places an Criminal Appeal no.2567 of 2024 etc. Page 7 of 15 obligation upon the court to take into consideration the stand of the accused in his statement and consider the same objectively and in its entirety. This principle of law has been stated by this Court in Hate Singh Bhagat Singh v. State of Madhya Bharat. [1951 SCC 1060: AIR 1953 SC 468 : 1953 Cri LJ 1933]” (emphasis added) Therefore, the conviction cannot be based solely on the statements made by an accused under sub-section (1) of Section 313 of the Cr. PC. The statements of the accused cannot be considered in isolation but in conjunction with the evidence adduced by the prosecution. The statements may have more relevance when under a statute, an accused has burden of discharge. When the law requires an accused to discharge the burden, the accused can always do so by a preponderance of probability. But, while considering whether the accused has discharged the burden, the court can certainly consider his statement recorded under Section 313. In this case, the accused has no burden to discharge. In the present case, while appreciating the evidence adduced by the prosecution, the statements of the three accused that they maintained a physical relationship with the prosecutrix by paying her money will have to be considered. Dr. Shashi Thakur (PW-4), who had examined the victim, noted inflammation in the private parts of the victim. In the cross-examination, PW-4 opined that it is not necessary that in a case of forcible sexual intercourse, an injury should be there on the body of the victim. Absence of injuries on the person of the prosecutrix is by itself no ground to infer consent on the part of the prosecutrix.
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