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Wednesday, June 5

Obligatory on accused furnish some explanation concerning incriminating circumstances associated with him

Rohtash Kumar vs. State of Haryana, Criminal Appeal No.  896 of 2011, Decided on May 29, 2013
The Hon’ble Supreme Court held:
It is obligatory on the part of the accused while being examined under Section 313 Cr.P.C., to furnish some explanation with respect to the incriminating circumstances associated with him, and the court must take note of such explanation even in a case of circumstantial evidence, to decide whether or not, the chain of circumstances is complete”. [Para 22]

“Undoubtedly, the prosecution has to prove its case beyond reasonable doubt. However, in certain circumstances, the accused has to furnish some explanation to the incriminating circumstances, which has come in evidence, put to him. A false explanation may be counted as providing a missing link for completing a chain of circumstances”.[Para 23]

The Court referred following case laws:

State of Maharashtra v. Suresh, (2000) 1 SCC 471, wherein the SC held as under:

“When the attention of the accused is drawn to such circumstances that inculpate him in relation to the commission of the crime, and he fails to offer an appropriate explanation or gives a false answer with respect to the same, the said act may be counted as providing a missing link for completing the chain of circumstances.”

Musheer Khan @ Badshah Khan & Anr. v. State of Madhya Pradesh, AIR 2010 SC 762

To see full text follow the link:
http://judis.nic.in/supremecourt/imgs1.aspx?filename=40444