LAW FOR ALL

Sec.313 Cr.P.C. - No question was raised before the Trial court that No inculpatory incidents were questioned for giving answer/Explanation- can not be raised at Appellant court - High court remanded the case as the trial court not framed the questions properly under Sec.313 of Cr.P.C. - Apex court held that In our considered opinion, the High Court fell in error in coming to the above conclusion. It is an admitted fact that the accused persons immediately after the alleged suicide did not give any report to the police about her unnatural death. There is no denial to this fact and the accused are fully aware about the fact that they have not reported the matter to the police. From bare perusal of the statement recorded under Section 313 Cr.P.C., it is evident that the Court elaborately put questions to the accused and the same have been answered in detail. The entire incident has been fully apprised to the accused including that the accused Liyakat was confronted with the Exhibit 14,15,16 and 17 to the effect that the accused Liyakat, who was absconding, was finally arrested. In answer, the accused said “not aware”. Same answer was given by the accused Ajeem Khan. The Court apprised the accused persons in a very elaborate manner about the incident that took place, the sequence of events and the material on evidence brought on record. The accused persons were fully aware about all these evidences. The appellants did not raise the question before the trial court that any prejudice has been caused to them in examination under Section 313 Cr.P.C. The burden is on the accused to establish that by not apprising all the incriminating evidences and the inculpatory material that had come in the prosecution evidence against them, prejudice has been caused resulting in miscarriage of justice. In the instant case, we are of the definite view that no prejudice or miscarriage of justice has been done to the appellants.=CRIMINAL APPEAL NO. 2079 OF 2009 Liyakat and Another ….Appellants Versus State of Rajasthan ….Respondent = 2014 - Sept. Month - http://judis.nic.in/supremecourt/imgst.aspx?filename=41966