Lawstreet Journal

There Cannot Be A Generalised Presumption Of Prejudice To An Accused Merely By Reason Of Any Omission Or Inadequate Questions Asked: SC

Lawstreet Journal 10 Oct 2019 4:41pm

Image courtesy: Lawstreet Journal Judiciary There Cannot Be A Generalised Presumption Of Prejudice To An Accused Merely By Reason Of Any Omission Or Inadequate Questions Asked: SC

The Supreme Court on October 4, 2019, in the case of Fainul Khan v. State of Jharkhand and Another, has held that there cannot be a generalized presumption of prejudice to an accused merely by reason of any omission or inadequate questions put to an accused under Section 313 of the Code of Criminal Procedure, 1973.

A Division Bench comprising of Justices Navin Sinha and B.R. Gavai was hearing appeals filed by the appellants against their conviction under Sections 302/149 of the Indian Penal Code 1860, sentencing them to rigorous imprisonment for life, along with conviction under Sections 323/149 and 147 IPC, sentencing them to varied terms of imprisonment under the same.

Learned Senior Counsel Sidharth Luthra, appearing for the appellants, submitted before the court that the appellants have been seriously prejudiced in their defence because proper opportunity to defend was denied under Section 313 of the Code of Criminal Procedure, 1973, as the incriminating questions put to them were extremely casual and perfunctory in barely two pages.

It was also submitted that all relevant questions with regard to the accusations were not put to the appellants, denying them the opportunity to present their defence.

Learned Counsel for the state, on the other hand, submitted that there was no lacunae in the examination of the accused under Section 313 of the Code of Criminal Procedure, 1973. In any event, the appellants have not been able to demonstrate any prejudice. Moreover, this objection cannot be raised at the present belated stage when it had not been raised at any… Continue Reading...


Tagged: supreme court in india  
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