the exact words spoken to by the accused should have been recorded in the mahazars or at least the translator should have been examined

2023 KHC Online 9276
Kerala Hi court
Sanath Roy V State of Kerala
11 October 2023
Crl. A. No. 511 of 2019

....It was argued by the learned counsel that
inasmuch as the accused was not a person proficient in the
language Malayalam and inasmuch as he stated to have made
the disclosures in Hindi which was translated to the
investigating officer by another, the exact words spoken to by
the accused should have been recorded in the mahazars or at
least the translator should have been examined in the case.......
***
The examination of the accused under
Section 313 of the Code was almost six years after the alleged
occurrence and all throughout, he was in jail. It is seen that in
the meanwhile, he picked up Malayalam and it is on account of
the said reason that he could answer the various questions put
to him by the court in the course of his examination under
Section 313 of the Code.
***