Courts Have To Adequately Consider Defence Of The Accused U/s 313 CrPC; Non-Consideration Can Vitiate Conviction: SC [Read Judgment]

cannot be seen simply as a part of audi alteram partem, rather it confers a valuable right upon an accused to establish his innocence.’The Supreme Court has held that if there has been no consideration at all of the defence taken by the accused under Section 313 of the Code of Criminal Procedure, the conviction can stand vitiated.The bench comprising Justice RF. cannot be seen simply as a part of audi alteram partem, rather it confers a valuable right upon an accused to establish his innocence.’ The Supreme Court has held that if there has been no consideration at all of the defence taken by the accused under Section 313 of the Code of Criminal Procedure, the conviction can stand vitiated. The bench comprising Justice RF Nariman and Justice Navin Sinha in Reena Hazarika vs. State of Assam, observed that a solemn duty is cast on the court in the dispensation of justice to adequately consider the defence of the accused taken under Section 313 CrPC and to either accept or reject the same for reasons specified in writing. The bench also observed that Section 313 CrPC cannot be seen simply as a part of audi alteram partem, rather it confers a valuable right upon an accused to establish his innocence and can well be considered beyond a statutory right as a constitutional right to a fair trial under Article 21 of the Constitution, even if it is not to be considered as a piece of substantive evidence, not being on oath under Section 313 CrPC.