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Mar 30, 2009

CrPC- Sec 313 Rattan Singh vs State of Himachal Pradesh, AIR 1997 SC 768, “Learned counsel for the appellant tried to make out much from the fact that no finger impression of Sheela Devi was found on the gun. We do not find any consequence on account of it in this case. In fact, appellant did not seriously dispute when the trial Judge put the question to him regarding that circumstance during his examination under section 313 of th Code of Criminal Procedure (question no. 25 related to the evidence that gun was produced by Sheela Devi and was taken into possession by the police. The answer was taken into possession by the police. The answer given by the appellant to that question was “I do not know”). Examination of the accused under section 313 of the Code is not a mere formality. Answers given by the accused to the questions put to him during such examination have a practical utility for Criminal Courts. Apart from affording an opportunity to the delinquent to explain incriminating circumstances against him, they would help the court in appreciating the entire evidence adduced in the court during trial. Ex PI – gun- admittedly belongs to the assailant. Therefore, when PW 10 said in court that she succeeded in snatching it from the assailant and she surrendered it to the police, we see no reason to disbelieve her, particularly in view of the evasive answer given by the appellant to the question concerned”

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