IV. Argument revolving around section 313 of the Code 82. Though arguments were advanced even on (i) the manner in which the statement of the accused was recorded under Section 313 of the Code; (ii) the failure of the Court to comply with the mandate of Section 313(1)(b) of the Code in letter and spirit; and (iii) the consequences of such failure, we do not think it necessary to go into the said question. This is for the reason that we have found in Part­I of this order that the evidence of P.Ws 1 to 3 are not trustworthy and in Part­III of this order that the failure of the prosecution to subject the appellant to medical examination was fatal. These findings are sufficient to overturn the verdict of conviction and penalty. Reasoning of the Sessions court and the High Court 83. Before wrapping up, it is necessary to say something about the approach adopted by the Sessions Court and the High Court. In cases of this nature the court is obliged to assess the evidence on the test of probability. Though wide discretion is given to the Court to consider the “matters before it”, such an evidence has to be sifted 44