It was no doubt true that the underlined object behind section 313 Crpc, was to enable the Accused to explain any circumstances appearing against the accused in the evidence and his object is based on the maxim Audi alteram partam which is one of the principle of natural justice.

It has always been regarded unfair to rely upon any incriminating circumstances without affording the accused and opportunity of explaining the said incriminating circumstances. The provision s in section 313 Crpc, therefore makes it obligatory on the Court to question the accused on the evidence and circumstances appearing against him so as to apprise him the exact case which he was required to meet.

But it would not be enough for the accused to show that he was not questioned or examined on a particular circumstances but he must also show that such non examination has actually and materially prejudiced him and has resulted in failure of justice. In other words in the event of any inadvertent omission on the part of the accused to question the Accused on any incriminating circumstances appearing against him to show prejudice was caused to him.

Motive was not specifically put it can not be said that the accused person s were totally unaware of the substances of accusations against them with regard to motive part. Consequently it can not be said that any prejudice was caused to the Accused.

End-Notes:

• Whether Section 313 Of Crpc Can Be Used To Advance Prosecution Evidence