1) Supreme Court : The court must consider any alternate version of events or interpretation of incident stated by accused in her statement U/S 313 of CRPC.
2) Bombay HC: The court should not put to accused U/S 313 of CRPC, material appearing in the cross-examination of prosecution witnesses taken by Advocate for accused
In the High Court of Bombay
(Before S.B. Shukre, J.)
Urvashi Vs State of Maharashtra
Criminal Writ Petition No. 166 of 2016
Decided on June 20, 2016
Citation: 2016 SCC OnLine Bom 5379 : (2016) 3 AIR Bom R (Cri) (NOC 47) 15 : (2016) 3 Bom CR (Cri) 422.
https://www.lawweb.in/2024/04/bombay-hc-court-should-not-put-to.html
3) Supreme Court: Accused has to be given warning/ notice as per sub-sections 3 and 4 of S 313 of CRPC before putting incriminating circumstances against him
In the High Court of Bombay
(Before A.S. Oka and Shrihari P. Davare, JJ.)
Laxman alias Laxmayya Gangaram Zinna and Another
Versus
State of Maharashtra
Criminal Appeal No. 479 of 1992
Decided on May 9, 2012.
Citation: 2012 SCC OnLine Bom 723 : (2012) 4 AIR Bom R 1 : 2012 Cri LJ 2826 : (2012) 3 Bom CR (Cri) 1
4) Supreme Court: Conviction of accused will be vitiated if the court fails to consider and either accept or refuse defence of accused taken U/S 313 of CRPC by giving reasons in writing
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1330 of 2018.
Decided On: 31.10.2018
Reena Hazarika Vs. State of Assam
Hon'ble Judges/Coram:
Rohinton Fali Nariman and Navin Sinha, JJ.
Author: Navin Sinha, J.
Citation: MANU/SC/1249/2018,(2019) 13 SCC 289.
https://www.lawweb.in/2024/04/supreme-court-conviction-of-accused.html
5) Supreme Court: The court must consider written statement filed by accused U/S 313 of CRPC in the light of prosecution evidence
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,(2023) 5 SCC 522.
https://www.lawweb.in/2024/04/supreme-court-court-must-consider.html
6) Under which circumstances the court should put questions to accused in his statement U/S 313 of CRPC regarding contents to proved documents?
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.)
https://www.lawweb.in/2023/12/under-which-circumstances-court-should.html
7) Supreme Court summarizes 10 Important principles regarding statement of accused U/S 313 of CRPC
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,(2023) 5 SCC 522.
https://www.lawweb.in/2023/06/supreme-court-summarizes-10-important.html
8) Should the court provide copies of questions to be put to accused U/S 313 of CRPC to the public prosecutor and defence counsel and seek their assistance?
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1471 of 2023
Raj Kumar @ Suman Vs State (NCT of Delhi).
(Before Abhay S. Oka and Rajesh Bindal, JJ.)
Author: Abhay S. Oka, J.
Dated: May 11, 2023.
Citation: 2023 SCC OnLine SC 609.
https://www.lawweb.in/2023/05/should-court-provide-copies-of.html
9) Whether court can convict accused based on his explanation in statement U/S 313 of CRPC?
The inconsistency and discrepancy in the evidence of the
prosecution witnesses casts a serious doubt on the prosecution
case. The prosecution having failed to establish the guilt of
the accused persons beyond reasonable doubt, the conviction
cannot be based solely on the explanation given by the
accused No.1 in his statement under Section 313 of the
Criminal Procedure Code. {Para 16}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1060 OF 2019
Jabbar Isak Shaikh Vs V/s. The State of Maharashtra
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATE : 6th DECEMBER, 2021.
https://www.lawweb.in/2021/12/whether-court-can-convict-accused-based_19.html
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