VidhiSangh

Supreme Court of India · 18/10/2024

ASIM AKHTAR versus THE STATE OF WEST BENGAL & ANR.

[2024] 10 S.C.R. 911 · 2024 INSC 794

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Summary

The Supreme Court held that Hardeep Singh does not require an application under Section 319 CrPC to be decided on examination-in-chief before cross-examination; the trial court retains discretion to wait. Where prosecution witnesses repeatedly refused to face cross-examination unless the Section 319 application was decided first, the trial court rightly closed the evidence, rejected the application and acquitted the accused under Section 232 CrPC.

Issues

  1. Whether Hardeep Singh v. State of Punjab makes it mandatory to decide an application under Section 319 CrPC on the examination-in-chief alone, before cross-examination.
  2. Whether a complainant can insist that the Section 319 application be decided before the prosecution witnesses submit to cross-examination.
  3. Whether the trial court was justified in rejecting the Section 319 application and acquitting the accused under Section 232 CrPC as a case of no evidence.

Provisions considered

Held

Result

Appeal allowed; High Court's judgment remanding the case set aside; trial court's order rejecting the Section 319 CrPC application and acquitting the appellant restored.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 911.