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    <title>2023 (5) TMI 1315 - Supreme Court</title>
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    <description>A conviction based on a solitary incriminating circumstance must fail if that material was not specifically put to the accused in his Section 313 examination and the omission causes prejudice. The SC held that material relied upon for conviction should ordinarily be put distinctly to the accused so he can explain it, and unput material should not be used against him. Here, the sole basis of conviction was not properly tested under Section 313, causing serious prejudice and failure of justice. Because the lapse went to the root of the conviction and remand would be unjust after the long delay, the conviction and sentence were set aside without remand.</description>
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    <pubDate>Thu, 11 May 2023 00:00:00 +0530</pubDate>
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      <title>2023 (5) TMI 1315 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=313290</link>
      <description>A conviction based on a solitary incriminating circumstance must fail if that material was not specifically put to the accused in his Section 313 examination and the omission causes prejudice. The SC held that material relied upon for conviction should ordinarily be put distinctly to the accused so he can explain it, and unput material should not be used against him. Here, the sole basis of conviction was not properly tested under Section 313, causing serious prejudice and failure of justice. Because the lapse went to the root of the conviction and remand would be unjust after the long delay, the conviction and sentence were set aside without remand.</description>
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      <pubDate>Thu, 11 May 2023 00:00:00 +0530</pubDate>
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