NAR SINGH versus STATE OF HARYANA

NAR SINGH versus STATE OF HARYANA

Conviction cannot be sustained where vital incriminating evidence is not put to the accused in Section 313 CrPC examination, if prejudice is caused. The proper course is to remit the matter to trial court for fresh examination rather than acquittal unless accused's right to speedy trial militates against retrial.

Parties
Appellant: Nar Singh; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
11 November 2014
Procedural Posture
Criminal Appeal / Appeal From Conviction, Remand Ordered
Outcome
Conviction and sentence set aside, matter remitted to trial court for fresh Section 313 CrPC examination and proceedings from that stage.
Legal Topics
Section 313 Cr PC Examination, Appellate Powers Under Section 386 Cr PC, Mandatory Procedural Safeguard, Impact of Non Compliance
Criminal Law Criminal Procedure Section 313 Cr PC Examination Appellate Powers Under Section 386 Cr PC Mandatory Procedural Safeguard Impact of Non Compliance

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Parties

Nar Singh

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction, Remand Ordered

Legal Issues

  1. 1 Whether non-compliance with Section 313 CrPC vitiates the trial and conviction
  2. 2 Scope of appellate court's power under Section 386 CrPC

Ratio Decidendi

Conviction cannot be sustained where vital incriminating evidence is not put to the accused in Section 313 CrPC examination, if prejudice is caused. The proper course is to remit the matter to trial court for fresh examination rather than acquittal unless accused's right to speedy trial militates against retrial.

Court Disposition

Conviction and sentence set aside, matter remitted to trial court for fresh Section 313 CrPC examination and proceedings from that stage.

Orders

  • Trial court to examine the accused afresh under Section 313 CrPC and proceed in accordance with law.
  • Trial court to expedite disposal preferably within six months.