Source: Supreme Court

Why in News?

Recently Supreme Court (SC) in case of Vijay Kumar v. The State of Himachal Pradesh emphasized the importance of aligning accused statements with prosecution evidence and noted the failure to challenge the victim's testimony regarding consent during cross-examination, highlighting the significance of thorough evaluation in sexual assault cases.

• The SC upheld the rape conviction appeal dismissal, citing the failure to present the defense's assertions under Section 313 of the Criminal Procedure Code,1973 to the victim during cross-examination.

What was the Background of Vijay Kumar v. The State of Himachal Pradesh ?

• The accused were charge with the offenses including gang rape but acquitted by the Sessions Court due to lack of corroborating evidence.
• The State of Himachal Pradesh appealed against this acquittal, resulting in the High Court setting aside the trial court's judgment and remanding the case for retrial specifically for the offense of gang rape.
• Following retrial against five accused (one accused having deceased), the Sessions Court again acquitted them.
• Subsequently, the High Court intervened, converting the acquittal into a conviction under Section 376(2)(g) of the Indian Penal Code (IPC), citing special reasons for imposing a sentence of less than ten years' imprisonment.
• Criminal Appeal filed by the State of Himachal Pradesh, challenges the lenient three-year imprisonment term imposed by the High Court, which falls short of the minimum ten-year sentence prescribed by Section 376(2) of the IPC at the time of the offense.
• Additionally, Criminal Appeal has been lodged by accused Vijay to contest his conviction.
• Appeal filled in a SC
• The appellants asserted in their Section 313 statements that they engaged in consensual paid sex with the victim, alleging her consent. However, during the victim's cross-examination, the accused failed to suggest the fact of voluntary sexual intercourse, depriving the victim of the opportunity to rebut the accused's Section 313 statements.
• The appeal was dismissed and the decision of the High Court convicting the accused/appellants was affirmed.

What were the Court’s Observations?

• Justices Abhay S. Oka and Ujjal Bhuyan emphasized that accused statements under Section 313 must align with evidence presented by the prosecution, particularly when asserting consent in sexual assault cases.
• Failure to challenge the victim's testimony regarding consent during cross-examination renders the accused statements regarding consent irrelevant if not supported by prosecution evidence.
• Justice Abhay S. Oka's judgment highlights the importance of cross-examination in sexual assault cases,
  • Noting that the accused failed to challenge the prosecutrix's testimony regarding consent during cross-examination.
  • The prosecutrix's testimony regarding sexual intercourse remained unshaken as the accused did not contest the lack of consent during cross-examination.
  • The failure of the accused to present their case adequately, as neither the assertion of a consensual relationship nor the payment for sexual favors was raised during cross-examination, diminishing the relevance of the accused's statements under Section 313 of the Criminal Procedure Code.
  • The victim's consent during cross-examination deprived her of the opportunity to refute the accused's claims regarding consent during sexual intercourse.
• Despite acknowledging the prosecution's evidence, the court stressed the importance of considering the Section 313 statements of the accused, where they admitted to maintaining a physical relationship with the prosecutrix by paying her money. This information should have been utilized during the cross-examination of the prosecutrix for a comprehensive evaluation of the statement.

What is Section 313 CrPC?

About:

• Section 313 of the Criminal Procedure Code (CrPC) pertains to the examination of the accused by the court.
• It grants the accused an opportunity to explain any circumstances or evidence against them, providing a chance for them to present their case and clarify any discrepancies in the prosecution's evidence.
• Section 313 of Cr.P.C is outlined in section 351 in The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Legal Provision

• Section 313 deals with the power to examine the accused.
• It states that

(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court—

(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;

(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).

(2) No oath shall be administered to the accused when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such inquiry or trial and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

(5) The Court may take help of Prosecutor and Defense Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.

What is the Scope and Objective of Section 313?

• The scope and objective of Section 313 of the Criminal Procedure Code, as laid down in the case of Sanatan Naskar & Anr. v. West Bengal,2010.
• It includes establishing direct communication between the accused and the court.
• This section aims to ensure that all incriminating evidence against the accused is presented before them, providing an opportunity for the accused to offer explanations.
• Section 313 serves the purpose of testing the credibility of the prosecution's case, as the examination of the accused is not merely a procedural formality but a crucial step in assessing the validity of the prosecution's evidence.

What is the Major Case Law Cited in Vijay Kumar v. The State of Himachal Pradesh?

• State of Punjab v. Gurmit Singh, (1996) the court held that the prosecutrix's account of being forcibly taken to the location where the rape occurred, followed by transportation to another place, substantiated her claim of non-consensual sexual intercourse.
  • The court ruled that if the prosecutrix lacks a significant motive to accuse the accused falsely, the court should readily accept her testimony without hesitation.