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.