Aejaz Ahmad Sheikh vs State of Uttar Pradesh 2025 INSC 529 - S. 313 CrPC
Code of Criminal Procedure 1973- Section 313 : Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 351- When vital prosecution evidence is not put to the accused in statement under Section 313 of the CrPC, the Court becomes helpless, as due to the long lapse of time, the defect cannot be cured by passing an order of remand- When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023). If any defect is found, at that stage, the same can be cured either by High Court recording further statement or by directing the Trial Court to record. (Para 28) - Referred to Raj Kumar v. State (NCT of Delhi).
