Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation

Non-compliance with Section 313 Cr.PC Results in Overturning of Conviction: Supreme Court Emphasizes 'Material Prejudice

07 May 2024 8:19 AM

By: Admin


High Court's affirmation of life imprisonment under Section 302 IPC set aside due to procedural lapses in Section 313 Cr.PC examination.

The Supreme Court of India has overturned the conviction of Naresh Kumar, previously sentenced to life imprisonment under Section 302 IPC with the aid of Section 34 IPC, citing significant procedural lapses during his examination under Section 313 of the Code of Criminal Procedure (Cr.PC). The judgment, delivered by a bench comprising Justices C.T. Ravikumar and Sandeep Mehta, underscores the importance of adhering to procedural safeguards to prevent miscarriages of justice.

The case dates back to an incident on June 14, 1995, where an altercation over spilled water escalated, leading to the stabbing and subsequent death of Arun Kumar. Naresh Kumar, accused No. 4 in the sessions case, was alleged to have instigated his brother Mahinder Kumar to commit the murder, holding the victim to facilitate the stabbing. The trial court convicted Naresh Kumar under Section 302 IPC with the aid of Section 34 IPC, a conviction later upheld by the Delhi High Court.

The Supreme Court's decision primarily revolves around the procedural lapses during Naresh Kumar's examination under Section 313 Cr.PC. The Court noted that crucial incriminating circumstances, including the appellant's alleged exhortation to kill the victim and his act of holding the victim during the stabbing, were not presented to Naresh Kumar during his examination under Section 313 Cr.PC.

The Court emphasized that the failure to put these critical incriminating circumstances to the appellant deprived him of an opportunity to explain or defend against these allegations, resulting in material prejudice and a miscarriage of justice. The Court stated, "The non-questioning or inadequate questioning on incriminating circumstances by itself would not vitiate the trial unless it resulted in material prejudice to the accused"​​.

The judgment highlighted the principle that an accused must be given a fair opportunity to explain any incriminating evidence against them, as enshrined in Section 313 Cr.PC. The failure to comply with this procedural requirement, especially in cases involving severe penalties such as life imprisonment or death, can render the trial unfair and unjust​​.

Justice Ravikumar remarked, "The appellant was materially prejudiced and it had resulted in blatant miscarriage of justice. The failure as above is not a curable defect and it is nothing but a patent illegality vitiating the trial qua the appellant"​​.

The Supreme Court's judgment underscores the critical importance of procedural compliance in criminal trials to ensure justice is served. By setting aside Naresh Kumar's conviction, the Court has reinforced the necessity of providing accused individuals with a full and fair opportunity to defend themselves against all allegations. This decision is expected to have significant implications for the conduct of criminal trials, particularly concerning the application of Section 313 Cr.PC, thereby strengthening the procedural safeguards within the Indian judicial system.

 

Date of Decision: July 8, 2024

Naresh Kumar vs. State of Delhi

 

Latest Legal News