Code of Criminal Procedure, 1973 – s. 313 – Power to examine the accused – Law summarized.

Code of Criminal Procedure, 1973 – s.313 – Non-compliance of – Omission made  while  questioning  the  accused  u/s. 313, effect of – Appellant was convicted u/ss. 302, 307 r/w 120-B, IPC and sentenced accordingly – Held: The only alleged incriminating circumstance against the appellant is in the evidence of PW5, who stated that the appellant was standing with a katta in his hand outside the premises where the offence took place–However, this was not put to him in his statement u/s. 313 – Therefore, he had no opportunity to explain the said circumstance which was the only basis of his conviction– Hence, serious prejudice was caused to him – Conviction of the appellant was vitiated – Impugned judgment of the High Court set aside – Conviction and sentence of the appellant set aside.

Code of Criminal Procedure, 1973 – s. 313(5) – Benefit of – Assistance of Prosecutor and Defence Counsel in preparing relevant questions – Held: While recording the statement u/s. 313, in cases involving large number of prosecution witnesses, Judicial Officers advised to take benefit of s. 313(5) which will ensure that the chances of committing errors and omissions are minimized – However, scant  attention  is  paid  to  this provision – The National and the State Judicial Academies to take a note of this situation.