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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 313, Evidence Act, 1872, Section 106-- Statement u/s 313 Cr.P.C. - Accused and deceased alone in the house and on the next day morning dead body of deceased found - Accused to explain what happened in that night - Non explanation or false explanation by accused cannot be taken as a circumstance to complete the chain of circumstances to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 304(Part II), 34-- Statement of accused - Offence u/s 304(Part II), 34 IPC - Accused did not produce any evidence in support of his defence and made a bald statement - Involvement of accused established by injured eye witness - Accused rightly convicted...........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 313(5)-- Examination of accused u/s 313 Cr.P.C. - Supplying advance copy of questionnaire enabling accused to file written statement in terms of S.313(5) Cr.P.C. - Held, barring few situations where statement u/s 313 Cr.P.C. of accused cannot be recorded by calling them personally except with undue delay..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 313-- Contraband - Statement of accused u/s 313 Cr.P.C. - Specific question regarding conscious possession not put to accused - Unless a specific question is raised, presumption u/s 35 or S.54 of the Act cannot be used against accused - Prosecution failed to prove that accused were having conscious..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 391-- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 313-- Recovery of 43 kg 500 gms ganja - Statement of accused - Evidence recorded in vernacular i.e in Marathi language, unknown to accused - No material on record that questions were put to accused in Hindi - Accused thus, have not understood questions put to them u/s 313 Cr.P.C and same has been..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C - When defence of accused is proved by virtue of admissions elicited in evidence of PWs, accused need not have to mention in his statement u/s 313 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C. - Defence taken not irrelevant, illogical or fanciful - Complete non consideration thereof - In the given facts of a case, conviction may well stand vitiated...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused u/s 313 Cr.P.C - Offence under NDPS Act - Specific question not put to all three accused that they were found in conscious possession of contraband which was lying in an open area as per version in FIR - Accused denied their right to prove innocence in this regard...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313-- Statement of accused - Recovery of 52 kg poppy husk - Co-accused was already acquitted and in statement recorded u/s 313 Cr.P.C, though it was put to both the accused that they were found in joint possession of poppy husk - But, no specific question was put to any of accused that they were in..........

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