Case Note & Summary
The petitioner, Smt. Urvashi Yashroy, filed a criminal writ petition before the Bombay High Court challenging an order dated 28.1.2016 passed by the learned Assistant Sessions Judge, Nagpur in Sessions Trial No. 392 of 2013. The impugned order rejected the petitioner's objection to certain questions put to her under Section 313 of the Criminal Procedure Code, 1973 (CrPC). The petitioner argued that only questions relating to incriminating circumstances appearing in the prosecution evidence can be put to an accused under Section 313 CrPC. She contended that the material that appeared during cross-examination of prosecution witnesses, taken on behalf of the accused, amounted to admissions and thus fell outside the scope of Section 313 CrPC. In support, she relied on the Supreme Court decision in Tara Singh v. The State, AIR 1951 SC 441. The State, represented by the learned APP, submitted that questions relating to incriminating circumstances may be put to the accused under Section 313 CrPC. The court examined the questions, particularly Q.No.38 to Q.No.45, and found that the material put to the accused was derived from admissions made during cross-examination by the accused's counsel. The court held that such material cannot be considered as incriminating circumstances appearing in the prosecution evidence and therefore cannot be the basis for questions under Section 313 CrPC. The court allowed the petition, quashed the impugned order, and directed the trial court to reframe the questions in accordance with law.
Headnote
A) Criminal Procedure - Examination of Accused - Section 313 CrPC - Scope of Questions - Only incriminating circumstances appearing in prosecution evidence can be put to accused; admissions in cross-examination by accused's counsel are not covered under Section 313 CrPC - Held that questions based on such admissions are impermissible (Paras 2-5).
Issue of Consideration
Whether questions based on admissions made during cross-examination of prosecution witnesses by the accused can be put to the accused under Section 313 of the Criminal Procedure Code, 1973.
Final Decision
The petition is allowed. The impugned order dated 28.1.2016 is quashed and set aside. The trial court is directed to reframe the questions under Section 313 CrPC in accordance with law.
Law Points
- Section 313 CrPC
- incriminating circumstances
- cross-examination admissions
- scope of examination of accused
Case Details
2016 LawText (BOM) (06) 136
Criminal Writ Petition No. 166 of 2016
Shri R.M. Daga for the Petitioner, Shri Chandurkar, APP for the Respondent
Smt. Urvashi w/o Rajiv Yashroy
The State of Maharashtra through P.S.O. P.S. Koradi, Nagpur
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Nature of Litigation
Criminal writ petition challenging an order rejecting objection to questions put under Section 313 CrPC
Remedy Sought
Petitioner sought quashing of the order dated 28.1.2016 and direction to reframe questions under Section 313 CrPC
Filing Reason
The petitioner objected to questions based on admissions made during cross-examination of prosecution witnesses by her counsel, which she argued were outside the scope of Section 313 CrPC
Previous Decisions
The learned Assistant Sessions Judge, Nagpur, by order dated 28.1.2016 in S.T. No. 392 of 2013, rejected the petitioner's objection
Issues
Whether questions based on admissions made during cross-examination of prosecution witnesses by the accused can be put to the accused under Section 313 CrPC
Submissions/Arguments
Petitioner: Only incriminating circumstances appearing in prosecution evidence can be put under Section 313 CrPC; admissions in cross-examination are not covered
Respondent: Questions relating to incriminating circumstances may be put to the accused under Section 313 CrPC
Ratio Decidendi
Under Section 313 CrPC, only incriminating circumstances appearing in the prosecution evidence can be put to the accused. Admissions made during cross-examination by the accused's counsel are not part of the prosecution evidence and cannot form the basis of questions under Section 313 CrPC.
Judgment Excerpts
On going through the questions, particularly Q.No.38 and further questions till Q.No. 45, I find that the material which has appeared during the course of cross-examination of the concerned witnesses taken on behalf of the accused, had been put to the accused so as to elicit his appropriate response to the same.
Procedural History
The petitioner filed a criminal writ petition before the Bombay High Court challenging an order dated 28.1.2016 passed by the learned Assistant Sessions Judge, Nagpur in S.T. No. 392 of 2013, which rejected her objection to certain questions put under Section 313 CrPC. The High Court heard the matter and delivered judgment on 20.06.2016.
Acts & Sections
- Criminal Procedure Code, 1973: Section 313
