Case Note & Summary
The petitioners, accused No.1 and 2 in Sessions Case No.10/2018 pending before the II Additional District and Sessions Judge, Mysuru, faced trial for offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code. They filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the statements recorded under Section 313 Cr.P.C. by the Sessions Judge on 22.02.2021. The petitioners contended that the Sessions Judge had failed to put each incriminating circumstance appearing in the evidence against them separately and instead asked composite and vague questions, thereby depriving them of a fair opportunity to explain the incriminating material. The learned counsel for the petitioners, Sri N. Tejas, argued that the questions framed by the Sessions Judge were not in compliance with the mandate of Section 313 Cr.P.C., which requires that each incriminating circumstance be put to the accused individually. The High Court, after hearing the arguments and perusing the questions framed, found that the Sessions Judge had indeed overlooked the importance of examining the accused properly. The court observed that the questions were composite and did not afford the accused an opportunity to explain each incriminating circumstance separately. Consequently, the High Court allowed the petition, quashed the Section 313 statements recorded on 22.02.2021, and directed the Sessions Judge to record fresh statements under Section 313 Cr.P.C. in accordance with law.
Headnote
A) Criminal Procedure Code - Section 313 Cr.P.C. - Examination of Accused - Incriminating Circumstances - The Sessions Judge failed to put each incriminating circumstance separately to the accused; instead, composite and vague questions were asked, which deprived the accused of a fair opportunity to explain the evidence against them. Held that such recording of Section 313 statements is illegal and liable to be quashed. (Paras 3-5) B) Criminal Procedure Code - Section 482 Cr.P.C. - Inherent Powers - Quashing of Section 313 Statements - The High Court, in exercise of its inherent powers under Section 482 Cr.P.C., can quash the Section 313 statements if they are not recorded in accordance with law, as it amounts to an abuse of process of court. (Para 5) C) Criminal Procedure Code - Section 313 Cr.P.C. - Duty of Court - The court must put each incriminating circumstance appearing in evidence to the accused individually, and the accused must be given an opportunity to explain each circumstance. Failure to do so vitiates the trial. (Paras 3-5)
Issue of Consideration
Whether the statements recorded under Section 313 Cr.P.C. by the Sessions Judge are liable to be quashed for not putting each incriminating circumstance to the accused separately and for being vague and composite.
Final Decision
The High Court allowed the petition, quashed the Section 313 statements recorded on 22.02.2021, and directed the Sessions Judge to record fresh statements under Section 313 Cr.P.C. in accordance with law.
Law Points
- Section 313 Cr.P.C. examination must put each incriminating circumstance to the accused separately
- failure to do so vitiates the trial
- vague and composite questions are impermissible
