CrPC- Sec 313 State of Madhya PradeshVs. Balu AIR2005SC222 The argument of non-consideration of the statement of the accused recorded under Section 313 Cr.P.C. to the effect that there was animosity between the family of the victim and the accused is liable to be rejected because one of the defences of the accused is that there was consent on the part of the victim to have sex with him. These two stands being self-contradictory, cannot be accepted. 10 months punishment for is not sufficient.