Punjab and Haryana High Court: Appellate Court Can Cure Defective Section 313 Statement During Appeal

(i) Criminal Procedure Code, 1973, Ss. 313, 465 — Examination of accused — Defect or omission in recording statement — Such omission does not ipso facto vitiate trial, and accused must show that it caused material prejudice or resulted in failure of justice. (Para 7)

(ii) Criminal Procedure Code, 1973, Ss. 313, 465 — Examination of accused — Appellate Court cured defect within appeal by putting evidence to petitioner and recording his statement afresh — It cannot be said to amount to filling up a lacuna in case of complainant —...

(iii) Criminal Procedure Code, 1973, Ss. 313, 386, 391 — Examination of accused — Failure to put material circumstance — Where an irregularity in putting a material circumstance to accused has not resulted in failure of justice, it is a curable defect and appellate Court can...

(iv) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.313, 386, 391 — Dishonour of Cheque — Defective statement u/s.313 — Appellate Court has ample power u/ss.386 and 391 Cr.P.C. to cure such a defect and to permit further evidence to be taken by trial...