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

 Under the Code of Criminal Procedure, 1973 after the prosecution closes its evidence and examines all its witnesses, the accused is given an opportunity of explanation through Section 313(1) (b). Any alternate version of events or interpretation proffered by the accused must be carefully analysed and considered by the trial Court in compliance with the mandate of Section 313(4). Such opportunity is a valuable right of the accused to seek  justice and defend oneself. Failure of the trial Court to fairly apply its mind and consider the defence, could endanger the conviction itself. Reena Hazarika v. State of Assam, (2019) 13 SCC 289, ¶ 19. Unlike the prosecution which needs to prove its case beyond reasonable doubt, the accused merely needs to create reasonable doubt or prove their alternate version by mere preponderance of probabilities.{M Abbas v. State of Kerala, (2001) 10 SCC 103, ¶ 10.}{Para 21}.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 283 of 2011

Parminder Kaur @ P.P. Kaur @ Soni Vs State of Punjab 

Author :SURYA KANT, J.

Dated: 28.07.2020.

Citation: 2020(8) SCC 811.

Read full Judgment here: Click here.

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