Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed: SC [Read Judgment]

The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph said that this is in recognition of the principles of audi alteram partem so that the accused gets a fair chance to defend himself. The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code. The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph said that this is in recognition of the principles of audi alteram partem so that the accused gets a fair chance to defend himself. While making the aforesaid observations, this Court also referred to its earlier judgment of the three Judge Bench in Shivaji Sahabrao Bobade v. State of Maharashtra, which considered the fall out of the omission to put to the accused a question on a vital circumstance appearing against him in the prosecution evidence, and the requirement that the accused's attention should be drawn to every inculpatory material so as to enable him to explain it.