Saturday, 23 December 2023

Under which circumstances the court should put questions to accused in his statement U/S 313 of CRPC regarding contents to proved documents?

 Here, it is further to be noted that at this stage we are considering it prima facie, the accused has not taken plea of alibi but has definitely raised the competency of deceased Seema to make or give statement at the time of admission in the hospital and as aforesaid, there are other documents also in respect of which there is absolutely no question framed. Even sometimes the contents of a document proved may amount to incriminating circumstances and, therefore, that should also be put to the accused if conviction can be based or it can be taken as a linking piece of evidence. {Para 16}

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.805 OF 2018

Nasib Osman Pathan, Vs The State of Maharashtra

CORAM : SMT. VIBHA KANKANWADI &

ABHAY S. WAGHWASE, JJ.

PRONOUNCED ON : 19th DECEMBER, 2023

 ( PER : SMT. VIBHA KANKANWADI, J.)

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