Case Law Analysis
|Gauhati High Court
Section 313 CrPC | Omission to Put Incriminating Evidence to Accused Vitiates Conviction, Mandates Retrial : Gauhati High Court
The Gauhati High Court ruled that failure to confront an accused with incriminating evidence during Section 313 CrPC examination prejudices their defense, rendering the trial unfair. The court set aside the conviction under Sections 302/201 IPC, ordering a retrial to uphold procedural fairness, even in serious criminal cases. This reinforces the mandatory nature of Section 313 CrPC in ensuring a just trial.