Supreme Court Dismisses Revision Petition, Emphasizes Importance of Cross-Examination in Section 319 CRPC Applications.
20 November 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law
The case of Hetram Babil vs State of Rajasthan & Another., involves an appeal against a High Court order which had interfered with a Sessions Court decision. The Sessions Court had rejected an application under Section 319 of the Criminal Procedure Code (CRPC), which sought to summon the appellant based on the testimony of two eyewitnesses. The witnesses claimed to have seen the appellant striking the deceased with a spade. However, the cross-examination of these witnesses revealed contradictions and omissions in their statements.
The Supreme Court, after reviewing the case, emphasized that the application under Section 319 of the CRPC should be based on whether the evidence, if unrebutted, could lead to a conviction. The Court noted that the cross-examination of witnesses must also be considered in such applications. Since the contradictions in the eyewitnesses' testimony made it impossible to establish a prima facie case against the appellant, the Supreme Court set aside the High Court's order and dismissed the revision petition.
Section 319., Code of Criminal Procedure - 1973
Code of Criminal Procedure, 1973