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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