Whether trial will be vitiated if statements U/S 313 of CRPC of different accused are taken on different dates?

According to the learned counsel for the accused No.3, a joint

statement of all the accused was recorded by the Trial Court under

Section 313,Cr.P.C. This contention, in our opinion, is ill-founded.

We have examined the record and found that separate statement

under Section 313 of each accused has been recorded. It is a

different matter that their statements have been recorded in part on

different dates. That, in our opinion, does not vitiate the trial. Had it

been a case of all questions put to all the accused jointly and one

statement recorded by the Trial Court, it may have become

necessary for us to consider this argument. In the present case, we

find that separate statement of each accused under Section 313,

has been recorded on different dates. That is substantial

compliance of Section 313, Cr.P.C.

 [REPORTABLE]

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 467/2010

Kishore Bhadke Vs. State of Maharashtra 

Dated:Dated: January 3, 2017.

Citation: 2017 ALLMR(CRI)1316 SC

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