Reply To: Indian Evidence Act

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Tina DU

CRPC – Sec 313

Supreme Court in case ‘S.Govindaraju vs. State of Karnataka’, 2013(10) SCALE 454, are relevant to note :-
“23. It is obligatory on the part of the accused while being
examined under Section 313 Code of Criminal Procedure, to
furnish some explanation with respect to the incriminating
circumstances associated with him, and the Court must take
note of such explanation even in a case of circumstantial evidence
in order to decide whether or not the chain of circumstances is
complete. When the attention of the accused is drawn to
circumstances that inculpate him in relation to the commission of the crime, and he fails to offer an appropriate explanation, or
gives a false answer with respect to the same, the said act may
be counted as providing a missing link for completing the chain
of circumstances.

This Court in Rohtash Kumar v. State of Haryana : JT 2013 (8) SC 181 held as under:

Undoubtedly, the prosecution has to prove its case beyond
reasonable doubt. However, in certain circumstances, the
accused has to furnish some explanation to the incriminating
circumstances, which has come in evidence, put to him. A
false explanation may be counted as providing a missing
link for completing a chain of circumstances.