Why was the life sentence overturned in the Uttarkashi murder case?

The Uttarakhand High Court overturned the life sentence because the trial court committed serious lapses in questioning the accused under Section 313 of the CrPC, failing to provide a fair chance to explain evidence.

What is Section 313 of CrPC?

Section 313 of CrPC empowers courts to question an accused personally, without oath, to explain incriminating evidence against them, ensuring a fair trial.

What happens next in the Uttarkashi murder case?

The case has been sent back to the trial court for a retrial from the stage of questioning the accused, with directions to expedite the proceedings and decide within three months.

Home / Crime and Justice / Life Sentence Overturned: Trial Lapses Cited

Life Sentence Overturned: Trial Lapses Cited

10 Jan

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Summary

Court overturned a life sentence due to improper questioning of the accused.
The trial court failed to properly allow the accused to explain evidence.
The case has been sent back for retrial within three months.

Life Sentence Overturned: Trial Lapses Cited

The Uttarakhand High Court has set aside a life sentence for a man accused of his wife's murder in Uttarkashi. This decision was made due to significant procedural errors during the trial, specifically concerning the examination of the accused under Section 313 of the Criminal Procedure Code (CrPC). The court found the questioning to be defective, denying the accused a fair opportunity to explain evidence against him.

The High Court observed that the trial court's examination of the appellant was irregular, failing to comply with legal provisions. It emphasized that prosecution evidence cannot be used against an accused without granting them a proper chance to respond to incriminating circumstances. Therefore, the court ordered the case to be remanded for a retrial from the stage where the irregularity occurred.