Statement of Accused can be used for corroboration of prosecution evidence. But it will not reduce the Burden of Prosecution to any extent; Allahabad HC [Read Judgment]
In a recent Judgment the Allahabad High Court has held that statements given by the accused persons under Section 313 of Code of Criminal Procedure can be used for the purpose of appreciation of evidence and can also be used for corroboration of the prosecution evidence; but the burden of the prosecution to prove its case beyond reasonable doubt is not reduced to any extent.A Division. In a recent Judgment the Allahabad High Court has held that statements given by the accused persons under Section 313 of Code of Criminal Procedure can be used for the purpose of appreciation of evidence and can also be used for corroboration of the prosecution evidence; but the burden of the prosecution to prove its case beyond reasonable doubt is not reduced to any extent. The Bench relied on the Supreme Court Judgment in Manu Sao v. State of Bihar 12 SCC 310, where the Apex Court had examined the vital features of Section 313 of CRPC and the principles of law as enunciated by judgments, analysing the guiding factors for proper application and consequences that shall flow from the said provision and has observed: “The statement of the accused can be used to test the veracity of the exculpatory nature of the admission, if any, made by the accused. The courts may rely on a portion of the statement of the accused and find him guilty in consideration of the other evidence against him led by the prosecution, however, such statements made under this section should not be considered in isolation but in conjunction with evidence adduced by the prosecution.." Then the Division Bench has held that the statements given by the accused persons can be used for the purpose of appreciation of evidence and can also be used for corroboration of the prosecution evidence.