Conviction of accused upon the statement under sec. 313 cr.p.c.
Kunal Sarkar
(Querist) 30 March 2014
This query is : Resolved
Whether an accused can be convicted if he confess his guilt in the statement recorded by the court under Section 313 of Cr.P.C.after closing of prosecution evidence, when there is no corroborative evidence against him?
if so, under what circumstances ?
Please refer a suitable case law to learn more.
P. Venu
(Expert) 30 March 2014
The the statement of the accused under Section 313 CrPC for the admission of his guilt or confession as such cannot be made the sole basis for finding the accused guilty, the reason being he is not making the statement on oath.
For learning more you may refer to the decision of the Supreme Court in Ashok Debbarma @ Achak Debbarma vs State Of Tripura on 4 March, 2014.
Dr J C Vashista
(Expert) 30 March 2014
At any stage of prosecution when the accused pleads guilty is to be declared convicted.
T. Kalaiselvan, Advocate 
(Expert) 30 March 2014
If the accused is admitting the offence and pleads guilty, he can be very well convicted.
Rajendra K Goyal
(Expert) 30 March 2014
Agree with the expert Dr. J C Vashista ji.
Advocate. Arunagiri
(Expert) 30 March 2014
Accused can not be convicted based on his statement admitting the commissioner of offense given in 313 cr.p.c.
The magistrate has to follow the procedures as per s.164 and 281 of cr.p.c. if the accused pleads guilty.
