Sec 313 crpc
Ranganath
(Querist) 15 October 2014
This query is : Resolved
Ld Counsels,
if wife and other PWs allege there was no physical relationship between husband and wife.
During 313 questioning if the court fails to put the statement of wife that there was no physical relationship to accused but had put the related statement of other PWs will it amount to prejudicing the accused.
Since allegation regarding lack of physical relationship can only be told by wife if such evidence of wife was not put to accused under sec 313 crpc can such allegation be a basis for conviction.
However court had put the same allegation of other PWs to the accused.
Please clarify.
P. Venu
(Expert) 15 October 2014
How is that the non-consummation of marriage a criminal proceeding?
Devajyoti Barman
(Expert) 15 October 2014
what is the problem?
I find no irregularity in it.
Nadeem Qureshi
(Expert) 15 October 2014
Read section 313 of Cr.P.c carefully, you will get your answer.
T. Kalaiselvan, Advocate
(Expert) 18 October 2014
It is a well settled principle of law that the circumstances which according to the prosecution lead to proof of the guilt against the accused must be put to him in his examination under section 313 Cr.P.C-(Vikramjit Singh @Vicky Vs. State of Punjab (2006) 12SCC 306).
Thus as advised by experts, you may visit the provision of law under the referred section once again to know further details on your query.
