LexRAMJI PRASAD JAISWAL @ RAMJEE PRASAD JAISWAL AND ORS. versus STATE OF BIHAR
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[2025] 6 S.C.R. 582 : 2025 INSC 738 Ramji Prasad Jaiswal @ Ramjee Prasad Jaiswal and Ors. v. State of Bihar (Criminal Appeal No. 490 of 2025) 20 May 2025 [Abhay S. Oka and Ujjal Bhuyan,* JJ.] Issue for Consideration Whether in the facts of the case there was a breach of s.313, CrPC causing prejudice to the appellants and vitiating the trial against them. Headnotes† Code of Criminal Procedure, 1973 – s.313 – Penal Code, 1860 – ss.420, 468, 471, 120B – Prevention of Corruption Act, 1947 – ss.5(2), 5(1)(d) – Appellants were convicted u/ss.420, 468, 471, 120B, IPC r/w ss.5(2), 5(1)(d), PC Act and sentenced accordingly – Incriminating circumstances which had come on record against them in the prosecution evidence were not put to them in their examination u/s.313 CrPC – Trial, if vitiated: Held: Yes – Appellants were asked four identical questions in a mechanical manner without putting them to notice the specific material brought on record by the prosecution witnesses against them – These questions did not reflect the specific prosecution evidence which came on record qua the appellants – Since, all the incriminating evidence were not put to the notice of the appellants, there was a breach of s.313, CrPC as well as the principle of audi alteram partem causing serious prejudice to the appellants to put forth their case – Ultimately, such evidence were relied upon by the court to convict the appellants – Such omission which is a serious irregularity completely vitiated the trial – Appellants given the benefit of doubt because of such omission in the recording of their statements u/s.313, CrPC since the trial court had relied on the evidence adverse to the appellants while convicting them – Conviction and sentence of appellant Nos.1 and 2 untenable – Judgment of the trial court as affirmed by the High Court qua appellant no.3 is set aside on the ground of juvenility – Juvenile Justice (Care and Protection of Children) Act, 2000. [Paras 28, 36-39] * Author [2025] 6 S.C.R. 583 Ramji Prasad Jaiswal @ Ramjee Prasad Jaiswal and Ors. v. State of Bihar Case Law Cited Shivaji Sahabrao Bobade v. State of Maharashtra [1974] 1 SCR 489 : (1973) 2 SCC 793; Dharnidhar v. State of Uttar Pradesh [2010] 8 SCR 173 : (2010) 7 SCC 759; Raj Kumar Singh alias Raju alias Batya v. State of Rajasthan [2013] 8 SCR 599 : (2013) 5 SCC 722; Raj Kumar alias Suman v. State (NCT of Delhi) [2023] 5 SCR 754 : (2023) 17 SCC 95; Ashok v. State of Uttar Pradesh [2024] 12 SCR 335 : (2025) 2 SCC 381 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860; Prevention of Corruption Act, 1947; Juvenile Justice (Care and Protection of Children) Act, 2000. List of Keywords Section 313, Code of Criminal Procedure, 1973; Breach of Section 313, Code of Criminal Procedure, 1973; Incriminating circumstances; Incriminating evidence not put to notice; Identical questions asked; Mechanical manner; Omission; Omission in the recording of statements under Section 313, Code of Criminal Procedure, 1973; Irregularity; Trial vitiated; Principle of audi alteram partem; Benefit of doubt; Juvenility; Plea of juvenility; Juvenile on the date of commission of the offence; Curable material defect. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 490 of 2025 From the Judgment and Order dated 24.11.2011 of the High Court of Judicature at Patna in Criminal Appeal (SJ) No. 418 of 2006 Appearances for Parties Advs. for the Appellants: Ms. Mukta Gupta, Sr. Adv., Mudit Jain, Ms. Samprikta Ghoshal, Nitya Gupta, Ms. Mahima Malhotra, Aayush Goswami, Saiful Haque, Aditya Samaddar. Advs. for the Respondent: Vikramjit Banerjee, A.S.G., Santosh Kumar, Ms. Bharti Tyagi, Praneet Pranav, Mrigank Pathak, Prashant Rawat, Nring Chamwibo Zeliang, Abhishek Singh, Mukesh Kumar Maroria. 584 [2025] 6 S.C.R. Supreme Court Reports Judgment / Order of the Supreme Court Judgment Ujjal Bhuyan, J. This appeal by special leave arises out of the judgment and order dated 24.11.2011 in Criminal Appeal (SJ) No. 418/2006 passed by the High Court of Judicature at Patna. By the aforesaid judgment and order dated 24.11.2011, a learned Single Judge of the High Court of Judicature at Patna (High Court) dismissed Criminal Appeal (SJ) No. 430 of 2006 (Shiv Narayan Bansal and another Vs. State of Bihar) and Criminal Appeal (SJ) No. 418 of 2006 (Ramji Prasad Jaiswal alias Ramjee Prasad Jaiswal and two others Vs. State of Bihar). 2.
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