https://www.taxtmi.com/caselaws?id=750983 In criminal trial, material incriminating circumstances must be specifically put to the accused in examination under Section 313 CrPC so that an explanation can be offered; omission to do so, where prejudice is shown, is a serious irregularity. Here, the prosecution relied on the railway receipt standing in the accused's name and his enquiry about the parcels, but those facts were not distinctly put to him. Once those unput circumstances were excluded, no other connecting material remained to link him with the offence. The SC held that the defect was not curable on the facts, the conviction could not be sustained, and the accused was entitled to acquittal. en-us Fri, 24 Nov 2023 00:00:00 +0530 Fri, 05 Apr 2024 09:52:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=750983 In criminal trial, material incriminating circumstances must be specifically put to the accused in examination under Section 313 CrPC so that an explanation can be offered; omission to do so, where prejudice is shown, is a serious irregularity. Here, the prosecution relied on the railway receipt standing in the accused's name and his enquiry about the parcels, but those facts were not distinctly put to him. Once those unput circumstances were excluded, no other connecting material remained to link him with the offence. The SC held that the defect was not curable on the facts, the conviction could not be sustained, and the accused was entitled to acquittal. Case-Laws Indian Laws Fri, 24 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=750983