Rakesh And Another vs State Of Haryana

The Supreme Court held that the term 'evidence' in Section 319 of the Cr.P.C. refers to admissible evidence, which requires the witness to be cross-examined. The Court found that the High Court erred in summoning additional accused based solely on the untested statement of a witness, emphasizing that such statements cannot constitute evidence until subjected to cross-examination. The appeal was allowed, and the order summoning additional accused was set aside, reinforcing the necessity of cross-examination for the validity of witness statements.