VidhiSangh

Supreme Court of India · 11/05/2023

RAJ KUMAR @ SUMAN versus STATE (NCT OF DELHI)

[2023] 5 S.C.R. 754 · 2023 INSC 520

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Summary

The Court set aside the appellant’s convictions because the sole incriminating circumstance was never put to him under section 313 CrPC, causing serious prejudice. The High Court had also misread one witness as implicating him. Although such omissions can be cured where justice permits, a remand after more than twenty-seven years, with over ten years already spent in custody, was unjust. Relief was confined to this appellant, who was ordered released unless required in another case.

Issues

  1. What consequences follow when the only incriminating circumstance is omitted from the accused’s section 313 examination.
  2. Whether delay in raising the omission defeated the appellant’s claim of prejudice.
  3. Whether further questioning or remand was appropriate after the long lapse of time.
  4. How section 313(5) could help trial courts avoid similar omissions.

Provisions considered

Held

Result

Appeal allowed; convictions and sentences set aside only for the appellant. Immediate release directed unless required in another case; remand declined as unjust on these facts.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 754.