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november 2024

Supreme Court of India · 2024-11-20

Hetram @ Babli vs State Of Rajasthan

Citation / case number
2024 INSC 903
Court
Supreme Court of India
Petitioner
Hetram @ Babli
Respondent
State Of Rajasthan
Author
Abhay S.Oka
Bench
Abhay S.Oka

Judgment text excerpt

The Supreme Court held that the application under Section 319 of the Code of Criminal Procedure, 1973, requires the court to consider both examination-in-chief and cross-examination of witnesses to determine if there is sufficient prima facie evidence for implicating additional accused. The Court emphasized that if the evidence presented does not lead to a conviction upon being unrebutted, the power under Section 319 cannot be exercised. The High Court's decision to allow the application was set aside, reinforcing the need for a clear satisfaction of evidence before summoning additional accused.

Hetram @ Babli vs State Of Rajasthan · Niyam