IMPORTANT POINT
Examination of accused – Questions must be simple and specific to evidence against accused – A long string of questions couched in complex sentences must be avoided.

ORDER

Sreenivas Harish Kumar, J.—The petitioners are accused No.1 and 2 in Sessions Case No.10/2018 on the file of II Addl. District and Sessions Judge, Mysuru, facing trial for the offences punishable under Sections 302 and 201 r/w Section 34 of IPC. They have invoked jurisdiction of this court under Section 482 Cr.P.C. for quashing the statements under Section 313 Cr.P.C. recorded by the Sessions Judge.

2. Sri. N. Tejas, learned counsel for the petitioners, taking me through the questions framed by the Sessions Judge argued that the Sessions Judge has totally overlooked the importance of examining the accused under Section 313 Cr.P.C. His argument was that Section 313 Cr.P.C. is an important stage during criminal trial, and since it affords an opportunity to the accused to give an explanation to the incriminating circumstances spoken to by the prosecution witnesses, the questions to be put to the accused must be specifically directed to the incriminating circumstances only and they should not be mere mechanical reproduction of evidence in examination-in-chief. He argued that in the case on hand, there are two sets of questionnaires which almost contain same questions. Many a question do not contain incriminating evidence against the accused. The questions are not properly articulated and they are framed in complex sentences rendering it difficult for the accused to understand them. He also submitted that although the accused offered explanation for some of the questions, the Sessions Judge refused to record them and insisted on giving the answer in a single word – either ‘false’ or ‘true’. His another submission was that the defence counsel was ready to assist the court in framing the questions as it is permitted now in view of amendment brought to Cr.P.C by Act 5 of 2009 (w.e.f.31.12.2009). Therefore it was his submission that the statements recorded under Section 313 Cr.P.C are to be set aside, and a direction may be given to the Sessions Judge for examining the accused once again properly and record their explanations that they want to give.

3. I have gone through the questions framed by the Sessions Judge. He has prepared two sets of questionnaires as there are two accused. But the questions in the two sets are almost common; they are lengthy; and the Sessions Judge has verbatim reproduced the evidence in examination-in-chief in the form of questions. The questions thus framed by the Sessions Judge do not serve the intendment of Section 313 of the Code.

4. Section 313 of the Code embodies the fundamental principle of ‘Audi Alteram Partem’. Since this is the stage where the accused gets an opportunity to explain an inculpatory evidence against him, the questions must be framed in such a manner as he or she understands them. The questions must be simple and specific to the evidence against the accused. A long string of questions couched in complex sentences must be avoided. Several distinct matters should not be rolled up, every question must cover a distinct incriminatory evidence. While questioning the accused, not only the incriminatory oral evidence but also the documents and the material objects indicating adverse evidence should be brought to the notice of the accused. In this context, I find it very apt to refer to a judgment of the Supreme Court in the case of Tara Singh vs State [AIR 1951 SC 441]. It is held:

“32. I cannot stress too strongly the importance of observing faithfully and fairly the provisions of section 342 of the Criminal Procedure Code. It is not a proper compliance to read out a long string of questions and answers made in the committal court and ask whether the statement is correct. A question of that kind is misleading. It may mean either that the questioner wants to know whether the recording is correct, or whether the answers given are true, or whether there is some mistake or misunderstanding despite the accurate recording. In the next place, it is not sufficient compliance to string to