Opportunity to the accused to explain circumstances of his innocence
Jai Prakash Tiwari vs State of Madhya Pradesh on 4 August 2022 CJI NV Ramana, Justices Krishna Murari and Hima Kohli observed that while examining an accused under Section 313 CrPC, all the adverse evidences has to put in the form of questions so as to give an opportunity to the accused to articulate his defence and give his explanation. "If all the circumstances are bundled together and a single opportunity is provided to the accused to explain himself, he may not able to put forth a rational and intelligible explanation." , the court observed. The court clarified such an omission does not ipso facto vitiate the trial, unless the accused fails to prove that grave prejudice has been caused to him. The court was considering an appeal filed by accused who was concurrently convicted under Section 307 of the Indian Penal Code, 1860 ('IPC') and Sections 25 and 27 of the Arms Act, 1959. The prosecution case against the accused was that he and co-accused went to the comp...