Supreme Court of India
Jai Prakash Tiwari v. State of Madhya Pradesh
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From the headnote
Code of Criminal Procedure, 1973: s. 313 – Power to examine the accused – Object and scope of – Held: s. 313 confers a valuable right upon an accused to establish his innocence – Purpose of s. 313 is to provide the accused a reasonable opportunity to explain the adverse circumstances which have emerged against him during the course of trial – Non-fulfilment of the true spirit of s. 313 may ultimately cause grave prejudice to the accused and the court may not have the benefit of all the necessary facts and circumstances to arrive at a fair conclusion – Such an omission does not ipso facto…
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