JUDGMENT :

SANJAY KAROL J.,

1. The questions arising for consideration in the present appeal are:

1) To what extent does the right to privacy shield the matters concerning the personal life of a woman accused of committing a crime, particularly when the prosecution has failed to discharge its duty?

2) To what extent are the rights or duties of the accused to explain the incriminating circumstances appearing against them in a statement under Section 313 of the Code of Criminal Procedure¹[Hereinafter referred to as ‘CrPC’]?

2. This appeal at the instance of the convict-appellant impugned a judgment of the High Court of Chhattisgarh passed in Criminal Appeal No.605 of 2005 dated 20th April 2010, whereby the judgment of conviction under Section 302 of Indian Penal Code, 1860²[Hereinafter referred to as ‘IPC’] and order of sentence dated 4th July 2005 passed by the Additional Sessions Judge, Baikunthpur, District Koriya (Chhattisgarh) in Sessions Trial No. 525 of 2004 was upheld.

BACKGROUND OF THE CASE

3. Eschewing unnecessary details, the facts of the case put forward by the prosecution are:

3.1 The convict-appellant had relations with a co-villager, namely, Baiga Gond, as a result of which sh