Supreme Court of India · 2011-07-19
MAN SINGH vs STATE OF U.P.
- Citation / case number
- SC 2011/15141
- Court
- Supreme Court of India
- Petitioner
- MAN SINGH
- Respondent
- STATE OF U.P.
- Author
- HARJIT SINGH BEDI,GYAN SUDHA MISRA, , ,
- Bench
- HARJIT SINGH BEDI,GYAN SUDHA MISRA, , ,
Judgment text excerpt
The Supreme Court held that the failure to put all incriminating circumstances to the accused under Section 313 of the Code of Criminal Procedure resulted in grave prejudice to the appellant. The Court emphasized that the accused must be given an opportunity to explain all circumstances against him, and since this was not done, the conviction under Section 60(2) of the U.P. Excise Act, 1910 was set aside. The appellant was acquitted and ordered to be released from custody.