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TMI Blog2012 (6) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... failed to examine the respondent as contemplated under Section 313 of the Criminal Procedure Code, 1973 (hereinafter referred to as ' the Cr.PC' for brevity). The appellate court has summarily allowed the appeal after taking notice of the fact that the appellant had not been examined and his statement has not been recorded under section 313 of the Cr.PC. The said judgment was questioned before this court in Criminal Revision Petition No. 849/2006, which was heard and rejected. During the pendency of the trial, the matter was referred to Lok Adalath at the instance of the accused. However, he failed to appear before the Lok Adalath and the matter was referred back to this court and inspite of several opportunities having been granted, the counsel appearing for the respondent - accused had abandoned the proceedings. The court, after futile efforts to secure the presence of the respondent, had proceeded further and accordingly had, on the basis of the evidence tendered by the petitioner herein, again convicted the accused similarly as earlier and fined him. The same having been questioned yet again, by way of an appeal, the appellate court has reiterated its earlier opinion th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spensed with the personal attendance of the accused, it may also dispense with his examination under clause (b). (2) No oath shall be administered to the accused when he is examined under sub-section (1). (3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them. (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed." The apex court has also drawn attention to the forerunner of the said provision, namely, Section 342 of the Code of Criminal Procedure, 1898 and Section 342A as well, and has pointed out that a three-Judge Bench of the apex Court, in Hate Singh Bhagat Singh and State of Madhya Bharat, while dealing with the position, as the section has remained in the original form in the old Act, has interpreted the Section, as follows: "The statements of the accused recorded by the Committing Magistrate and the Sessions Judge are intended in India to take the place of what in England and in America he would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... htra, (1973)2 SCC 793, wherein it was observed as follows:- "It is trite law, nevertheless fundamental, that the prisoner's attention should be drawn to every inculpatory material so as to enable him to explain it. This is the basic fairness of a criminal trial and failures in this area may gravely imperil the validity of the trial itself, if consequential miscarriage of justice has flowed. However, where such an omission has occurred it does not ipso facto vitiate the proceedings and prejudice occasioned by such defect must be established by the accused. In the event of evidentiary material not being put to the accused, the court must ordinarily eschew such material from consideration. It is also open to the appellate court to call upon the counsel for the accused to show what explanation the accused has as regards the circumstances established against him but not put to him and if the accused is unable to offer the appellate court any plausible or reasonable explanation of such circumstances, the court may assume that no acceptable answer exists and that even if the accused had been questioned at the proper time in the trial court he would not have been able to furnish any good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final conclusion. It is possible that one category of offences, which is specifically exempted from the rigour of Section 313(1)(b) of the Code, are summons cases. Thus, all other offences generally belong to a different category altogether, among which are included offences punishable with varying sentences from imprisonment for three years up to imprisonment for life and even right up to the death penalty. Hence, there are several offences in that category which are far less serious in gravity compared with grave and very grave offences. Even in cases involving less serious offences, it is available for the court to exempt the accused from appearance on his application and it can be overlooked and he can be represented by a counsel on his application. It is in this vein that the law has been laid down. 6. In the instant case on hand, the question would be whether injustice has occasioned on account of the non-recording of the statement of the accused in terms of Section 313 of the Cr.PC. As is evident from the material on record, the accused had at all points of time, attempted to misuse the process of the court in partially seeking to defend himself and thereafter abandoning th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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