Accused Doesn't Lose A Defence Merely Because That Plea Wasn't Taken In S.313 CrPC Statment: Supreme Court

The Supreme Court, in its recent judgment, reiterated the well-established law that the statement recorded under Section 313 of the Code Of Criminal Procedure, 1973, cannot form the sole basis of conviction. Apart from this, the Court also addressed the prosecution's arguments that no specific plea of alibi was taken in the appellant's statement recorded under Section 313 CrPC. With respect to the plea of alibi, the Court observed that mere omission to take such defence under Section 313 CrPC is not enough to deprive the accused of his right. “Further, this Court has previously considered the consequences when a particular defence plea was not taken by accused u/s 313 CrPC and held that mere omission to take a specific plea by accused when examined u/s 313 CrPC, is not enough to denude him of his right if the same can be made out otherwise.” Pursuant to this, the Court also pointed out that while the High Court extended the benefit of the doubt to the co-accused Rani Kaur, the same was not done for the appellant. Also from the judgment - Prosecution Can't Seek To Prove In Trial A Fact Which Witness Hasn't Told Police During Investigation : Supreme Court Case Title: DARSHAN SINGH vs.