can accused go beyond statement given under 313 cr.p.c?


Can the accused lead evidence beyond the scope of statement given under section 313 of Cr.P.C?

It is a 138 NI Act matter. The accused is seeking to rely upon the evidence which is not explained in the 313 statement. It is a mere afterthought and the accused is trying to prolong the matter.

Please Help

Thank you

 
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Advocate

Yes accused can lead evidence beyond 313 examination

 
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ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com

The accused has all the rights to demolish the case of the complainant for which he / she even need not give any evidence. 

JUST GO THROUGH THE IMPORTANT OBSERVATION IN VERY RECENT SC JUDGMENT.( oct 2012)

 

 

12. Upon consideration of various judgments as

noted hereinabove, the position of law which emerges

is that once execution of the promissory note is

admitted, the presumption under Section 118(a)

would arise that it is supported by a consideration.

Such a presumption is rebuttable.

 

The defendant can prove the non-existence of a consideration by raising a probable defence. If the defendant is proved to have discharged the initial onus of proof showing that the

existence of consideration was improbable or doubtful

or the same was illegal, the onus would shift to the

plaintiff who will be obliged to prove it as a matter of

fact and upon its failure to prove would disentitle him

to the grant of relief on the basis of the negotiable

instrument.

 

The burden upon the defendant of

proving the non-existence of the consideration can be

either direct or by bringing on record the

preponderance of probabilities by reference to the

circumstances upon which he relies. In such an

event, the plaintiff is entitled under law to rely upon

all the evidence led in the case including that of the

plaintiff as well. In case, where the defendant fails to

discharge the initial onus of proof by showing the

non-existence of the consideration, the plaintiff would

invariably be held entitled to the benefit of

presumption arising under Section 118(a) in his

favour. The court may not insist upon the defendant

to disprove the existence of consideration by leading

direct evidence as the existence of negative evidence

is neither possible nor contemplated and even if led,

is to be seen with a doubt.”

 

This Court, therefore, clearly opined that it is not necessary for

the defendant to disprove the existence of consideration by way

of direct evidence.

 
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But i need sumthing to the contrary. I am the complainant and want to restrict the accused from taking any other defence.  Plz help

 
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ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com

Defense has all the rights to demolish the evidence of complainant in any manner he / she feels best ..

YOU CAN NOT RESTRICT IT UNDER ANY LAW.WHAT OF COMPLAINANT EVEN COURT CAN NOT RESTRICT THIS RIGHT.

BELOW IS THE OBSERVATION IN ONE CASE BY SUPREME COURT

 

.8. What should be the nature of evidence is not a matter which should be left only to the discretion of the Court. It is the accused who knows how to prove his defence.


 
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advocate.dma@gmail.com

1. Accused would have cross examined you.

2. Accused would have given his statement under S.313.
 

Now what and how, he is bringing the evidence ?  

 
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