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Section 313 Cr.P.C

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    Giga
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    Accused and defense witnesses’ statements u/s -313 were not appreciated and tested for accuracy. Narender Kumar V. State (NCT of Delhi),(CLT (2013) Supp.Cri.110 (SC))

    (Dr. B.S. CHAUHAN AND DIPAK MISRA , JJ)

    The Trial Court as well as the High Court recorded conviction of the appellant merely placing a very
    heavy reliance on the deposition of the prosecutrix and considering the deposition of Dr. Nisha (PW.9).

    Admittedly, the defence version taken by the appellant in his statement under Section 313 Cr.P.C. and the deposition of two defence witnesses to the extent that the prosecutrix had developed intimacy with the appellant and some other young persons and Sahib Rao (PW.3) her husband, had raised the grievance in this regard, have not even been referred to by either of the courts below, though the law required the court to appreciate the defence version and decide its veracity in accordance with law.

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