In Brief
A Supreme Court bench allowed a criminal appeal against convictions in a 1982 bank fraud case, set aside by the High Court. The main ground was that the trial court recorded the accused's statements under Section 313 of the Criminal Procedure Code in a mechanical manner, putting only four general questions without addressing specific incriminating evidence. This breached the principle of audi alteram partem (right to be heard) and caused grave prejudice, as the court later relied on uncontradicted evidence to convict. Given 19 years had passed since trial, remand was impractical. Additionally, one appellant was found to be a juvenile (aged 17) at the time of the offence; remand to the Juvenile Justice Board was infeasible after 40+ years. The Court set aside all convictions, entitled the appellants to the benefit of doubt, and allowed the appeal.
The lawyer headnote and full judgment text are available to registered users.