Examination of accused
This section is meant for
giving the accused an opportunity to explain the circumstances appearing
against him in the evidence. This is entirely for the benefit of the
accused-The Penal Code; S. 420 Abdul Karim Vs. Shamsul Alam and another,
14BLD(HCD)167 Ref: 42 DLR (AD) 31; 27 DLR (AD)175; 36 DLR (AD) 14 Cited
Examination of accused
It has been intended as a
protection for and benefit of the accused and it imposes a duty upon the Court
to examine the accused properly and fairly by bringing all the in- criminating
materials to the notice of the accused for furnishing reasonable
explanations.S. 342
Zafar and others Vs. The
State, 14BLD (HCD)280 Ref: 33 DLR 320; 11 DLR. (HC) 365: 27 D.L.R. (SC) 1; 38
DLR 289; 41 DLR 11: 50 Cr.L. J. 569
Examination of accused is
necessary It requires the Court to consider the statement of the accused in the
light of the facts and circumstances of the case and the evidence on record. The
Court is never justified in ignoring the statement of the accused explaining
his position-Cr.P.C S. 342 A.K.M Hafizuddin Vs. The State, 15BLD (HCD) 234
Ref: 8DLR(WP)64; 9DLR(SC)
14; 14 DLR 292; 25DLR (SC)73; 5 DLR (WP)67 (old 106) Cited.
Examination of accused must
be proper
It requires that the
attention of the accused must be drawn to all incriminating circumstances
appearing in the evidence against them so that they may explain these
circumstances. Failure to do so renders the conviction illegal-Cr.P.C S. 342
Kamala and others Vs. The State, 15 BLD (HCD) 449
Examination of accused-prejudice to accused
This provision of law is
intended for the benefit of the accused. The trial Court is under an obligation
to properly comply with the requirement of law so as to avoid any possible
prejudice to the accused on this count. Al-haj Nurul Islam Chowdhury and another
Vs. The State, 20BLD (HCD)168
