RAKESH 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 cross-examination of witnesses. The Court found that the High Court erred in summoning additional accused based solely on the statement of a witness who had not been cross-examined. The judgment emphasized that a witness's statement cannot constitute evidence until tested by cross-examination, thus upholding the principle of fair trial rights under Article 21 of the Constitution.