VidhiSangh

Supreme Court of India · 27/04/2017

BRIJENDRA SINGH & ORS. versus STATE OF RAJASTHAN

[2017] 3 S.C.R. 374 · 2017 INSC 409

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Summary

Summoning additional accused under Section 319 requires strong and cogent evidence exceeding the threshold for framing charge. The trial court could act on examination-in-chief but could not ignore extensive investigation material supporting alibi when evaluating that higher threshold. Its casual reliance on repeated accusations, and the High Court’s failure to address contrary material, were unsustainable.

Issues

  1. Whether the Section 319 summoning threshold was met despite substantial contrary investigation material.

Provisions considered

Held

Result

Appeal allowed; order summoning appellants under Section 319 set aside.

Judgment PDF: Supreme Court of India, [2017] 3 S.C.R. 374.