Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him
Case: Sri Sanjib Paul v. The State of Tripura
Coram: Justice T. Amarnath Goud
Case No.: Crl. A(J) No. 02 of 2021
Court Observation: “It stands well settled that circumstances not put to an accused under Section-313 Cr.P.C. cannot be used against him and must be excluded from consideration. In a criminal trial, the importance of the questions put to an accused are basic to the principles of natural justice as it provides him the opportunity not only to furnish defence, but also to explain the incriminating circumstances against him. A probable defence raised by an accused is sufficient to rebut the accusation without the requirement of proof beyond reasonable doubt.”
“If we reach the conclusion that he intentionally made a fraudulent misrepresentation from the very inception and the prosecutrix gave her consent on a misconception of fact, the offence of rape under Section-375 IPC is clearly made out. It is not possible to hold in the nature of evidence on record that the appellant obtained her consent at the inception by putting her under any fear. Under Section-90 IPC a consent given under fear of injury is not consent in the eyes of law. In the facts of the present case we are not persuaded to accept the solitary statement of the prosecutrix that at the time of the first alleged offence her consent was obtained under fear of injury.”
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