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Mar 30, 2009

CrPC- Sec 313 State of U.P. vs. Lakhmi, AIR 1998 SC 1007. "As a legal proposition we cannot agree with the High Court that statement of an accused recorded under section 313 of the Code does not deserve any value of utility if it contains inculpatory admissions. The need of law for examining the accused with reference to incriminating circumstances appearing against him in prosecution evidence is not for observance of a ritual in a trial, nor is it a mere formality. It has a salutary purpose. It enables the Court to be apprised of what the indicted persons has to say about the circumstances pitted against him by the prosecution. Answers to the questions may sometimes by flat denial or outright repudiation of those circumstances. In certain cases accused would offer some explanations to incriminating circumstances. In very rare instances accused may even admit or own incriminating circumstances adduced against him, perhaps for the purpose of adopting legally recognized defences. In all such cases the Court gets the advantage of knowing his version about those aspects and it helps the Court to effectively appreciate and evaluate the evidence in the case. If an accused admits any incriminating circumstance appearing in evidence against him there is no warrant that those admissions should altogether be ignored merely on the ground that such admissions were advanced as a defence strategy. Sub-section (4) of section 313 of the Code contains necessary support to the legal position that answers given by the accused during such examination are intended to be considered by the Court. The words "may be taken into consideration in such enquiry or trial" in sub-section (4) would amount to a legislative guideline for the Court to give due weight to such answers, though it does not that such answers could be made the sole basis of any finding."

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