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1 - 9 of 9 (0.28 seconds)Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 174 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 363 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 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Shaikh Maqsood vs State Of Maharashtra on 4 May, 2009
41.As rightly pointed out by the learned Counsel for the appellants, at the time of questioning of the accused under Sec.313 Cr.P.C. by the trial Court, no question was put to them that pursuant to the conspiracy, A-2 to A-5 have kidnapped the deceased and caused his death by stabbing. It remains to be stated that questioning under Sec.313 Cr.P.C. is not an empty formality, and it should be exercised in accordance with law. The Apex Court has held in a decision reported in 2009(4) SUPREME 429 (SHAIKH MAQSOOD V. STATE OF MAHARASHTRA) that a conviction based on the accused's failure to explain what he was never asked to explain is bad in law. This decision is squarely applicable to the present facts of the case. In the absence of faithful observance of the provisions of Sec.313 Cr.P.C., it would be highly unsafe to base a conviction.
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