• Section 313 CRPC judicial experience has shown that more often than not, the time and effort behind such an exercise put in by the trial court does not achieve the desired result. This is because either the accused elects to come forward with evasive denials or answers questions with stereotypes like false I don’t know incorrect etc. Many a time, this does more harm than good to the cause of the accused. For instance, if facts within the special knowledge of the accused are not satisfactorily explained, that could be a factor against the accused. Though such factor by itself is not conclusive of guilt, it becomes relevant while considering the totality of the circumstances. (Para 16)

PREMCHAND vs STATE OF MAHARASHTRA CRLA 211/23 03/03/23 [ DIPANKAR JJ ]

[ SUPREME COURT ]