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False Explanation By Accused Can't Be Used To Complete The Chain Of Circumstances To Establish His Guilt
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False Explanation By Accused Can't Be Used To Complete The Chain Of Circumstances To Establish His Guilt

05 Sep 2019 08:34 pm

The Supreme Court has observed that non-explanation or false explanation by an accused in his statement under Section 313 CrPC cannot be taken as a circumstance to complete the chain of circumstances to establish the guilt of the accused.

However, in this case, the bench comprising Justice Deepak Gupta and BR Gavai took into account the false explanation given by the accused as it noted that the finding of guilt has been already recorded on the basis of other circumstances.

In Sudru vs.State of Chhattisgarh, in his Section 313 Statement, the accused, who was tried for murder of his son, had stated before the Trial Court that his son died due to ailment. However, the doctor had deposed that there was a fracture on the head of the deceased and the death of the deceased might have occurred due to strangulation and there were marks of fingers on the neck of the deceased.

Sudru vs state of chattisgarh

criminal appeal no. 751 of 2010

Supreme court



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