‘Section 313 examination’ of accused begins in the actor rape case

The Section offers the accused an opportunity to come up with an explanation regarding the evidence brought against them by the prosecution. The court will directly ask relevant questions, which it has framed in the case

The trial in the alleged actor rape case entered a crucial stage on Friday with the court launching the examination of the accused in the case.

The court posed questions to N.S. Sunil, the first accused in the case in the afternoon. The examination of the accused is carried out under Section 313 of the Criminal Procedure Code.

The Section offers the accused an opportunity to come up with an explanation regarding the evidence brought against them by the prosecution. The court would directly ask relevant questions, which it has framed in the case.

The court can take the help of the prosecution and the Defence lawyers to prepare the relevant questions to be put to the accused. The accused can bring in any information and evidence that they feel relevant in the case.

They can also file written statements to the court, which are of evidentiary value, according to legal sources.

All the accused in the case will be examined in the coming days.

The court witnessed heated arguments between the lawyer representing actor Dileep, the eighth accused in the case and the prosecution on the day over a petition of the latter to recall and re-examine some of the witnesses who were examined earlier.

The prosecution wanted the court to record whether Sarath, the 15th accused, wanted to re-examine the witnesses in the case. The defence lawyer accused the prosecution of coming up with vexatious litigations to delay the trial. She also alleged that the first accused was acting hand in glove with the prosecution, which invited the objection of the counsel for the first accused.

The court said the prosecution had no business regarding the rights of the accused and it need not move the court with a petition regarding the rights of the accused to re-examine and recall the witnesses.

The court, which highlighted some factual discrepancies in the petition, directed the prosecution to file an additional statement in the case.

Published - September 27, 2024 08:12 pm IST