Criminal Procedure Code, 1973, Section 313 -- Question of vital nature - When not put to accused - Such omission alone should not result in setting aside the conviction - Effort should be made to undo or correct the lapse - If it is not possible to correct it by any means the Court should then consider the impact of the lapse on the overall aspect of the case - After..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 - Material evidence not put to the accused - Looking to the peculiar nature of the case, the entire trial stands vitiated...........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 498A, 304B, 300, Dowry Prohibition Act, 1961, Section 4 -- Several accused - Each of accused must be questioned separately about material substance against him - Requirement is mandatory and non compliance thereof vitiates trial and order of conviction - Where Magistrate had examined all three..........
Criminal Procedure Code, 1973, Section 313 -- Purpose and object - It is an opportunity to the accused to explain the incriminating material which has surfaced on record - It is not an idle formality - It is obligation on the Court to question the accused on the evidence and circumstances appearing against him so as to apprise him of the exact case which he is required to..........
Criminal Procedure Code, 1973, Section 313, Prevention of Corruption Act, 1947, Section 5(1)(d), 2 -- Exact amount of gratification - Not put in examination u/s 313 Cr.P.C. - Held, accused is deprived of an opportunity to explain the precise case against him - This is a serious omission which goes to the root of the matter and cannot be said to be a mere irregularity...........
Criminal Procedure Code, 1973, Section 179, Indian Penal Code, 1860, Section 313, 498A -- After marriage couple resided in nuptial home at Indore and most of actions alleged against accused took place at Indore - Miscarriage took place while complainant was at her parents house at Jabalpur - Cumulative effect of all allegations ending with the consequence of miscarriage..........
Criminal Procedure Code, 1973, Section 313 -- Circumstantial evidence - Never put to accused in proceedings u/s 313 - Cannot be used against accused...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused by Court - Exemption from personal appearance - Held, if the accused (who is already exempted from personally appearing in the Court) makes an application to the court praying that he may be allowed to answer the questions without making his physical presence in court on account of justifying exigency the..........
Criminal Procedure Code, 1973, Section 313 -- Failure to put question on particular aspect - Shirt allegedly belonging to deceased recovered from accused - Serological test revealed blood - Trial Court did not put any question under S.313 about the circumstances - Held, feature on shirt cannot be used as a circumstance against accused...........
Criminal Procedure Code, 1973, Section 313 -- Prosecution strongly relied upon the occular evidence of eye witnesses and relevant questions with reference to this evidence put to appellants - If the evidence of these witnesses is found acceptable, the conviction can be sustained unless it is shown by the appellants that a prejudice has been caused to them - No such..........
