Home > Recent Judgements > The Court Must Also Take Cross-Examination Into Account When Deciding An Application Under S.319 Crpc: Supreme Court
Nov 28, 2024
BACKGROUND
In the case between Hetram @ Babli Vs. State of Rajasthan & Anr., the case revolves around an appeal filed by an accused against the High Court’s decision to uphold a summoning application under Section 319 of the code of Criminal Procedure, 1973 (“CrPC”), which was based solely on the examination-in-chief of prosecution witnesses. The appellant contended that the prosecution witnesses, during their cross-examination, contradicted their earlier incriminating statements made in the examination-in-chief, rendering the allegations an omission. The appellant argued that since both the examination-in-chief and cross-examination were available when the application was filed, it was improper to disregard the cross-examination. The Supreme Court ultimately ruled in favour of the appellant, emphasizing that both aspects of witness testimony must be considered to determine the existence of a prima facie case under Section 319 of CrPC.
Section 319 of CrPC – Section 319 deals with the power of the court to proceed against other persons appearing to be guilty of such an offence for which the accused is prosecuted.
ISSUES
- Whether the summoning of an additional accused under Section 319 of CrPC can be based solely on the examination-in-chief of prosecution witnesses without considering their cross-examination?
- Whether the trial court erred in exercising its powers under Section 319 of CrPC by failing to account for contradictions between the examination-in-chief and cross-examination of prosecution witnesses?
- Whether the existence of a prima facie case against the appellant was established based on the prosecution witnesses’ statements, considering the material omissions and contradictions in their testimony?
JUDGEMENT
The Supreme Court granted relief to the appellant and overturned the decision of the High Court dismissing the complaint’s application under Section 319 of CrPC It was held that to justify the summoning of an additional accused, a prima facie case has to be made out based on both the examination in chief and the cross-examination of the prosecution’s witnesses. The Court stressed that where the cross examination goes against the case put forth in the examination in chief by the prosecution’s witness, it goes to negating the prima facie case against the other person and therefore it would be wrong to invoke the power under section 319 of CrPC based on incomplete evidence. Therefore, the request to summon the appellant as an additional accused was denied.
OBSERVATION
The Supreme Court mentioned that, when deciding an application under Section 319 of CrPC for summoning an additional accused, the affiant shall be heard both in examination in chief and in cross-examination of prosecution witnesses if any for the purpose of finding out the existence of a prima facie case. The Court stressed that such a practice of failing to consider cross-examination, which devastates the substance of examination-in-chief, is damaging to the judicial process, as was shown in this case the cross-examination of the witnesses for the prosecution did not warrant the allegations made in the examination-in-chief. The Court also cited Hardeep Singh v. State of Punjab in which it demonstrated that there was no prima facie case made so as to exercise the provision under Section 319 of the CrPC which led to the determination of the appeal of the appellant.
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