Right Of Accused To Lead Defence Cannot Be Snatched Away Even If He Failed To Do So When Examined U/S 313 CrPC: HP High Court

The Himachal Pradesh High Court has held that an accused cannot be deprived of the right to lead defence evidence merely because he had earlier declined to do so when examined under Section 313 of the Code of Criminal Procedure.The Court remarked that the trial court cannot discuss the merits of a probable defence while deciding an application under Section 311 CrPC.Justice Virender Singh remarked that: “On the said ground of negligence, whether the right of the accused to prove/probabilize his defence, can be snatched away? The answer is in negative, as the accused has every right to prove/probabilize his defence by leading cogent and convincing evidence.”The petitioner was under trial for offences committed under Sections 435 and 506 of the Indian Penal Code. After examination of 13 witnesses, his statement under Section 313 CrPC was recorded, where he refused to lead any defence evidence.He later filed an application under Section 311 CrPC, seeking permission to produce an attendance certificate and to examine the principal of the school where he was employed, to prove that he was on duty at the time of the alleged offence.The trial court dismissed his application on the ground that the petitioner did not produce it at an earlier stage. Aggrieved the petitioner approached the High Court contending that the trial Court adopted a hyper-technical approach as he had every right to prove his defence and his right was wrongly snatched by the trial Court.The High Court remarked that the negligence of the accused in not leading defence evidence earlier, could not result in depriving him of the opportunity to prove his defence at a later stage as well. Thus, the Court set aside the trial court's order and permitted the accused to lead defence evidence. Case Name: Kapil Dev v/s State of H.P. Case No.: Cr. MMO No. 447 of 2025Date of Decision: 13.10.2025For the Petitioner: Mr.G.R. Palsra, AdvocateFor the Respondent: Mr. Varun Chandel, Addl. A.G.Click Here To Read/Download Order

Right Of Accused To Lead Defence Cannot Be Snatched Away Even If He Failed To Do So When Examined U/S 313 CrPC: HP High Court

Mehak Aggarwal

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