Surendraprasad Jayshanker vs The State of Gujarat

A.N. Surti, J.—Paras 1 to 41 (x x x)

Before we part with the case, we must mention that in course of the trial before the learned Special Judge, the examination of the accused u/s

313 of the Cr.P.C. 1973 was not properly done and to some extent was violative of the very spirit and the purpose of Section 313 of the Cr.P.C.

1973.

The Presiding Judges while examining the accused persons u/s 313 of the Cr.P.C. must be on caution to see, that each and every circumstance

appearing against the accused from the prosecution evidence must be separately and distinctly put to the accused so as to enable the accused to

explain the said circumstance. If the questions put to the accused are unusually longish and take in their sweep a number of circumstances

appearing against the accused from the prosecution evidence, the possibility of the accused being misguided cannot be ruled out, though the same

may not cause any serious prejudice or any prejudice to the accused. This statutorily prescribed obligation on the part of the learned Judges

conducting the trials must be scrupulously discharged, otherwise, the accused may innocently give false answers to the questions put to him by the

learned Presiding Judges or he may not be able to give any answer to the questions put by the Presiding Judge. This part of the trial is of utmost

importance, and if as a result of any inadvertence or on account of undue haste on the part of the learned Judges in the zeal of completing the trial

soon, if the examination of the accused u/s 313 of the Code of Criminal Procedure is not properly done in its true and fair spirit, the possibility of

the trial Court doing injustice cannot be ruled out.

At this stage, we should make the learned trial Judges conscious of the fact, that if false answers or no answers are given by the accused

persons in their examination recorded u/s 313 of the Cr.P.C. in cases of circumstantial evidence, the same may be used as a missing link as held by

the Supreme Court in the case of Deonandan Mishra Vs. The State of Bihar, wherein the Supreme Court in terms has taken the view, that in a

case of circumstantial evidence not only should the various links in the chain of evidence be clearly established, but the completed chain must be

such as to rule out a reasonable likelihood of the innocence of the accused. But in a case like this, where the various links as stated above have

been satisfactorily made out and the circumstances point to the appellant as the probable assailant, with reasonable definiteness and in proximity to

the deceased as regards time and situation, and if he offers no explanation, which if accepted, though not proved, would afford a reasonable basis

for a conclusion on the entire case consistent with his innocence, such absence of explanation or false explanation would itself be an additional link

which completes the chain.

Under the circumstances, the Presiding Judges throughout the State are requested to see that the examination of the accused recorded u/s 313

of the Cr.P.C. does not become a formal affair to put an early full point to any trial.