Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Examination of accused u/S.313 of Cr.P.C. is not mere formality - It has got practical utility for criminal courts in affording opportunity to accused to explain incriminating circumstances - Questions should be framed in an easily understandable manner and they should not be lengthy and complicated -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 313, 365, 344, 120B -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 313, 365, 344, 120-B IPC - Applicant prayed for stay of order of conviction as she intends to contest the elections in State of Punjab - However, involvement of applicant in serious offence..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376 -- Examination of accused - Offence u/s 376 IPC - Chemical examination report and Serological Report not put to accused in his statement - Therefore, said incriminating material evidence cannot be used against accused...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Separate statement u/s 313 Cr.P.C. of each accused recorded in part at different dates - Does not vitiate trial...........
Criminal Procedure Code, 1973, Section 313 -- Purpose of S.313 Cr.P.C. is only to bring the attention of accused to all inculpatory pieces of evidence to give him an opportunity to offer an explanation if he chooses to do so...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - A wrong answer by an accused in his statement that he did not know deceased may be incriminating factor against him but cannot suffice for conviction, as weakness of defence cannot become strength of prosecution - Prosecution has to establish charge on its own steam beyond all reasonable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 313 -- Contraband - Merely because question regarding chemical laboratory report was not asked from accused, no prejudice is being caused to accused, as accused was all along aware of said report - Moreover, on mere technicality, conviction cannot be interfered -..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Material appearing in cross-examination of prosecution witnesses - Not covered by scope of the provision - Questions based on such material ordered to be deleted from the statement of accused recorded u/s 313 of the Code...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Statement of one accused cannot be used as incriminating evidence against other co-accused - Purpose of S.313 is to enable an accused to explain incriminating circumstances against him - More so if statement is credibly explained, either accused is entitled to benefit or it can be used against him as a..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C. - Where accused abjured his guilt and desired to face trial, propriety of order of conviction could not be questioned on the basis of statement made by accused while recording statement u/s 313 Cr.P.C., in absence of appropriate cross-examination of PWs...........
