Whether trial against accused is vitiated if the court fails to consider his written statement filed U/S 313 of CRPC?

  Once a written statement is filed by the Accused Under Sub-section (5) of Section 313, Code of Criminal Procedure and the court marks it as an exhibit, such statement must be treated as part of the Accused's statement Under Sub-section (1) read with Sub-section (4) thereof. In view of the latter Sub-section, the written statement has to be considered in the light of the evidence led by the prosecution to appreciate the truthfulness or otherwise of such case and the contents of such statement weighed with the probabilities of the case either in favour of the Accused or against him. {Para 17}

18. This is a case where it does not appear from the records that the written statement (Ext. 96) engaged the attention of both the trial court as well as the High Court. Applying the principles noted above and for the reasons discussed below, there can be no quarrel that non-consideration of Ext. 96, to a limited extent, in relation to recording of conviction and consequently imposition of sentence, has rendered it vulnerable to interference.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 211 of 2023

Decided On: 03.03.2023

Premchand  Vs. The State of Maharashtra

Hon'ble Judges/Coram:

S. Ravindra Bhat and Dipankar Datta, JJ.

Author: Dipankar Datta, J.

Citation: MANU/SC/0209/2023.

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