A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319 Cr.P.C.

Case: Jagbir Singh v. State of Uttarakhand & Anr.

Coram: Justice Narayan Singh Dhanik

Case No.: Criminal Revision No. 218 of 2021

Court Observation: “Therefore, it is amply clear that in order to exercise the power under Section 319 Cr.P.C., a case more than prima facie, but short of satisfaction to an extent that evidence if goes unrebutted would lead to conviction, must have been there.”

“The test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. In the absence of such satisfaction, the court should refrain from exercising power under Section 319 Cr.P.C. In Section 319 Cr.P.C, the purpose of providing if “it appears from the evidence that any person not being the accused has committed any offence” is clear from the words “for which such person could be tried together with the accused”. The words used are not “for which such person could be convicted”. There is, therefore, no scope for the court acting under Section 319 Cr.P.C. to form any opinion as to the guilt of the accused.”

“Now, on this anvil, if I just have a glance on the backdrop of the controversy and in the light of animosity persisting between the parties, and the deposition of the PW1, who is complainant as well as an eyewitness of the incident and who identified the revisionist in the CCTV footage and stated his role in the alleged crime, then I am of the opinion that the trial court has not committed any error in summoning the revisionist to face trial like other accused persons. Hon’ble Apex Court has approved of elying upon deposition which has not suffered cross-examination for the purpose of invoking Section 319 Cr.P.C.”

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Keywords

U/S 319, Cr.P.C.