defence set up in statement u/s 313Cr.P.c. by accused can be ignored by a court
Querist :
Anonymous
(Querist) 12 October 2010
This query is : Resolved
when an accused in his statement u/s 313 Cr.P.c. stated the fabrication of case mentioning the relevant documentary evidence and such fabrication establish the innocency of accused and guilt of complainant,witnesses and police officials then can a court totally ignored the said fabrication of case mentioned in statement of accused and established in both defence as well as prosecution evidence. can court has convict a person by not mentioning the fabrication of case which is prima facie establish on the evidence of prosecution as well as defence evidence?
s.subramanian
(Expert) 12 October 2010
The court has to consider the statement made under Sec.313 Cr.P.C. seriously and decide the case. Otherwise the judgment will be incomplete and vitiated.
Querist :
Anonymous
(Querist) 12 October 2010
Thank you Mr.S. Subramanian for your kind co-operation. can you cited me a specific case law of Hon'ble SC on particular point.
