313 CrPC | Trial Court Is Required To Bring ‘Specific Attention’ Of Accused To Incriminating Materials
Case: Tengsal D. Sangma v. State of Meghalaya & Ors.
Coram: Chief Justice Sanjib Banerjee and Justice W. Diengdoh
Case No.: Criminal Appeal No. 2 of 2021
Court Observation: “In the present case, the records do not reveal that the exercise was appropriately conducted by the trial court. The recording of the statement of the appellant under Section 313 of the Code is without any questions being put to the appellant and without the material evidence that would weigh against the appellant being specifically pointed out to the appellant.”
“An omnibus offer by the trial court for the appellant to say whatever he pleases would not suffice for the exercise that the trial court is required to perform. It is the duty of the trial court to bring to the specific attention of the appellant the material that may be considered relevant in finding the appellant guilty. Thus, eyewitness accounts, if any, need to be summarised, without the key details therein being skipped, for the appellant to be made aware of the grounds that may lead to his conviction. It would not do for the trial court to inform the appellant that the evidence had been adduced in full and call upon the appellant to offer his comments on the evidence.”
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Keywords
S. 313 CrPC, Specific Attention, Incriminating Materials
