Court rules against trial court's order to add Rukminbai, Pallavi, and Vijay as accused, citing insufficient evidence.
In a significant judgment delivered by the Aurangabad Bench of the Bombay High Court, Justice Mehroz K. Pathan quashed the trial court's decision to add Rukminbai Vishnu Karad, Pallavi Bharat Karad, and Vijay Shahaji Gambhire as accused in a criminal case concerning an assault in Latur. The court found the evidence presented against the petitioners insufficient to meet the stringent requirements necessary for invoking Section 319 of the Criminal Procedure Code, 1973.
The case stems from an incident on May 1, 2020, when the complainant, Vinayak Shripati Karad, was allegedly assaulted. Initially, the FIR named seven individuals as the perpetrators, but not the petitioners. It was only later, in a statement recorded under Section 164 of the CrPC, that the petitioners were named as additional assailants, prompting the trial court to add them as accused based on the complainant's deposition.
However, the High Court pointed out discrepancies between the complainant's later statements and initial reports, emphasizing the absence of the petitioners' names in the FIR and statements of injured eyewitnesses. The court held that the evidence, if left unrebutted, would not reasonably lead to a conviction, as required under Section 319.
The judgment referenced the Supreme Court's decision in "Hardeep Singh v. State of Punjab," which outlines that the power to add accused under Section 319 is extraordinary and must be exercised sparingly, demanding evidence stronger than mere probability. The Court found that the trial court's decision was based on a speculative version of events, lacking the robust evidence required to justify the addition of the petitioners as accused.
The High Court's order maintained the trial court's decision not to add Vishwanath Dadarao Karad and Ramesh Kashiram Karad as accused, agreeing that the evidence against them did not meet the necessary threshold.
Bottom Line:
Power under Section 319 CrPC for summoning additional accused is discretionary and to be exercised sparingly, requiring higher satisfaction than a prima facie case.
Statutory provision(s): Section 319 of the Criminal Procedure Code, 1973.
