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MANOJ KUMAR GARG
Kiran, W/o. Vikramjeet – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
(Manoj Kumar Garg, J.)
1. Instant criminal revision petition has been filed by the petitioner against the order dated 08.03.2022 passed by the learned Additional Sessions Judge No.1, Hanumangarh by which the trial court rejected the application filed by the petitioner under Section 319 Cr.P.C and refused to take cognizance against the respondents No.2 & 3.
2. Brief facts of the case are that on 03.04.2021, the complainant petitioner submitted a complaint before the Superintendent of Police, Hanumangarh stating therein that the respondent Satpal who is maternal father-in-law and Radheyshyam who is close relative of Satpal, used to visit him. A few days back, when the complainant was taking bath, the accused Radheyshyam took her video and started blackmailing her. It was alleged that the accused Radheyshyam used to come to her home and molest her. It was alleged that on 14.12.2020, the accused Anup and Radheshyam forcibly took her in a car to Hanumangarh where, she was intoxicated and thereafter, the accused Anup and Radheyshyam committed rape with her. It was also alleged that the accused persons snatched her mobile and took away her gold ornaments.
3. On the basis of above comp
The court ruled that strong evidence is required to summon additional accused under Section 319 Cr.P.C., emphasizing the need for consistency in the complainant's statements.
The power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
The court ruled that the trial court erred in taking cognizance against the petitioner without sufficient evidence, emphasizing the need for strong proof under Section 319 Cr.P.C.
The court held that the trial court improperly dismissed the application to summon additional accused under Section 319 Cr.P.C. without adequate assessment of witness evidence, necessitating reevalua....
The court emphasized that under Section 319 Cr.P.C., sufficient evidence is required to summon additional accused, balancing the duty to ensure justice with the need for a higher standard of proof.
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
The main legal point established in the judgment is the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., the need for strong and cogent evidence to exercise this power, ....
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