Supreme Court Nixes High Court Ruling: No Case for Summons Under Section 319 CRPC.
20 November 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law
The case of Hetram Babli Vs State of Rajasthan & Another revolves around the rejection of an application filed under Section 319 of the Code of Criminal Procedure (CRPC) for summoning the appellant. The Trial Court rejected the application, which was later challenged by the second respondent in a Revision Petition to the High Court. The appellant was accused based on the testimonies of two witnesses (PW-2 and PW-4), who claimed to have seen the appellant hit the deceased with a spade. However, the cross-examination of these witnesses revealed contradictions in their statements, including significant omissions.
The High Court had allowed the application, but upon reviewing the case, the Court emphasized that Section 319 CRPC should be applied only when there is a clear case against the person sought to be implicated. The Supreme Court ruled that the contradictions in the testimonies and the lack of a solid case meant that the satisfaction required to invoke Section 319 CRPC could not be recorded. Therefore, the appeal was allowed, and the High Court's order was set aside.
Section 319., Code of Criminal Procedure - 1973
Code of Criminal Procedure, 1973