36
65.
The learned counsel argued that the facts of the case were proved by the
prosecution beyond reasonable doubt to indicate that the accused and none else,
were the three persons who had committed the crime for which both courts
below had convicted them. It was argued that no prosecution can prove facts
perfectly and that some lapses or inconsistencies are bound to occur, given the
tricks memories play because of which witnesses may not recollect events
perfectly or in chronological order. To make her point, the AAG relied on the
observations cited by this court in Moosa Patel v. State of Gujarat26.
66.
It was lastly argued that the appellants offered no explanation when the
incriminating circumstances were put to them, under Section 313 CrPC. It was
stressed that this court in many decisions has in fact held that examination of
accused under Section 313 CrPC manifests the principles of natural
justice- audi alteram partem, by curtailing all interferences at that stage from
counsel, prosecutors, witnesses, third parties, etc. The accused may be asked to
furnish some explanation as regards the incriminating circumstances associated
with him, and the court must take note of such explanation. Therefore, by
essentially establishing a dialogue between the accused and trial court, the
examination of accused under Section 313 CrPC is not a mere formality and the
answers given by the accused have a practical utility. It was submitted that the
complete lack of any explanation, much less a reasonable explanation, only
meant that the accused could not justify their conduct; they had no argument to
offer.
67.
In view of these submissions, the AAG concluded that this court should
not interfere, under its special leave appellate jurisdiction with the concurrent
findings of guilt, recorded by the courts below, based on a full and fair
appreciation of all the evidence and material on the record.
Analysis and Findings
26 (2011) 2 SCC 198 (para 22)
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