SC - NON EXPLANATION BY AN ACCUSED U/S 313 CRPC CANNOT BE USED AS A LINK TO COMPLETE THE CHAIN OF CIRCUMSTANCES

5th march

A division bench of the Supreme Court observed, Non-explanation or false explanation of the accused to the question posed by the court u/s 313 of CrPc cannot be used as a link to complete the chain.

In this instant case, Accused was convicted by the Trial Court for the murder of his wife, which the Bombay High Court later upheld. In an appeal before the Hon’ble Supreme Court, the Accused argued that the case entirely relied on circumstantial evidence. The prosecution was unable to establish the death of a wife as a homicide.

The Apex Court observed that the cause of death was asphyxia due to hanging and not homicide. The bench mentioned the judgment of Kashi Ram (supra) while referring to sec 313 CRPC - “that this Court had used the factor of non-explanation under Section 313 Cr.P.C. only as an additional link to fortify the finding, that the prosecution had established a chain of events unquestionably leading to the guilt of the accused and not as a link to complete the chain. As such, the said judgment would not apply to the facts of the present case”.

The prosecution has failed even to prove a single incriminating circumstance beyond a reasonable doubt. As such, the appeal is allowed, and the conviction/sentence passed by the trial court as affirmed by the High Court is set aside. The appellant is acquitted of all the charges.

Author: Papiha Ghoshal