Court Dismisses Plea of Alibi at Cognizance Stage, Emphasizes Trial for Comprehensive Justice
In a significant ruling, the Rajasthan High Court, Jaipur Bench, under Justice Anoop Kumar Dhand, dismissed a petition challenging the summoning of additional accused in a high-profile criminal case. The case involved serious charges such as murder, attempted murder, and conspiracy, stemming from a 2016 incident. The petitioners, including Vikram Sharma, who has since deceased, were summoned under Section 319 of the Criminal Procedure Code (CrPC) after new evidence surfaced during trial proceedings.
The court emphasized that the plea of alibi, which asserts that the accused was elsewhere at the time of the crime, cannot be considered at the stage of taking cognizance. This plea is deemed a matter of defense to be established during the trial. The court reaffirmed that the threshold for summoning an accused is the presence of prima facie evidence indicating involvement in the offense, not proof beyond reasonable doubt.
The bench highlighted that the power to summon additional accused is intended to ensure that justice prevails by including individuals who appear guilty but were initially omitted by the investigating agency. The judgment underlined that even if an accused is released under Section 169 CrPC, they can still be summoned if evidence arises indicating their involvement during the trial.
The petitioners argued that they were not present at the crime scene, supported by evidence collected by the CID(CB). However, the court noted that such defenses are to be examined during trial, not at the cognizance stage. The court also observed that the trial court correctly relied on witness statements, including those of the deceased's wife, who implicated the petitioners.
The judgment drew from precedents like Hardeep Singh v. State of Punjab, reinforcing the principle that the court must ensure comprehensive justice by summoning all implicated individuals. The High Court dismissed the petition, stating that the trial court's order was just and appropriate, not requiring interference.
The court ordered that the surviving petitioner should not face custodial arrest, provided he appears before the trial court by April 24, 2026, to face the charges.
Bottom Line:
The plea of alibi cannot be considered at the stage of taking cognizance under Section 319 Cr.P.C. It is a matter of defence and needs to be established during trial.
Statutory provision(s): Section 319 CrPC, Section 169 CrPC, Section 173(8) CrPC, Section 161 CrPC, Section 482 CrPC, Indian Penal Code sections 147, 148, 323/149, 325/149, 302/149, 307/149, 120B.
Vikram Sharma v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2878742
