NDLI: Jai Prakash Tiwari Vs. State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973: s. 313 – Power to examine the accused – Object and scope of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: s. 313 – Power to examine the accused – Object and scope of – Held: s. 313 confers a valuable right upon an accused to establish his innocence – Purpose of s. 313 is to provide the accused a reasonable opportunity to explain the adverse circumstances which have emerged against him during the course of trial – Non-fulfilment of the true spirit of s. 313 may ultimately cause grave prejudice to the accused and the court may not have the benefit of all the necessary facts and circumstances to arrive at a fair conclusion – Such an omission does not ipso facto vitiate the trial, unless the accused fails to prove that grave prejudice has been caused to him – On facts, prosecution case that accused fired a gunshot at the complainant, who escaped the injury and the accused fled the spot – Accused convicted and sentenced u/s.307 IPC and ss. 25 and 27 of the Arms Act, 1959 by the courts below – Courts below failed to scrutinize the defence version put forward by the appellant-accused in his statement u/s. 313– Furthermore, the burden of proving the guilt of the accused beyond reasonable doubt is upon the prosecution – Where an accused sets up a defence or offers an explanation, he is not required to prove his defence beyond a reasonable doubt but only by preponderance of probabilities – It is the solemn duty of the courts below to consider the defence of the accused, with caution and must be scrutinised by application of mind by the judge – However, the courts below dealt with the evidence of the accused in a casual manner – Furthermore, in absence of independent evidence corroborating the statements made by complainant, serious doubts regarding the recovery of the alleged motorcycle and the country made pistol, no connection proved between the alleged recovered items and the alleged incident, and the plausible version put forward by the accused-appellant in his s. 313 statement not been satisfactorily responded to by the prosecution, the case against the accused cannot be sustained – Prosecution case based on mere conjectures and surmises – Evidence brought on record by the prosecution insufficient to prove the case beyond reasonable doubt – Thus, the order passed by the courts below set aside – Penal Code, 1860 – s. 307 – Arms Act, 1959 – ss. 25, 27.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2022 INSC 791
Petitioner	Jai Prakash Tiwari
Respondent	State Of Madhya Pradesh
SCR	[2022] 10 S.C.R. 198
Judgement Date	2022-08-04
Case Number	704

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