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RAM MANOHAR NARAYAN MISHRA
Usha Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Ram Manohar Narayan Mishra, J.
Heard learned counsel for the revisionist, learned AGA for the State and perused the material placed on record.
2. Notice has been served on respondent Nos.2 and 3 but none appeared on their behalf to contest the criminal revision.
3. Instant criminal revision has been preferred against the judgement and order dated 20.5.2023, passed by learned Special Judge (POCSO Act)/Additional District and Sessions Judge, Kannauj, in Sessions Trial No.793 of 2022 (State v. Indrapal and others), arising out of Case Crime NO.305 of 2022, under Sections 363 , 366, 376D(A), 323, 506 IPC and Section 5 G/6 of POCSO Act, Police Station Saurikh, District Kannauj, whereby the application 26-A moved by the informant/revisionist under Section 319 Cr.P.C. has been dismissed.
4. Factual matrix of the case in brief are that the revisionist lodged an FIR at police station Saurikh, Kannauj on 19.7.2022, on the basis of written report, stating therein that in the night of 18.7.2022, at around 9:00 PM, her daughter aged around 15 years was sleeping on the cot beside her in the house. The informant awoke in the night and found her daughter missing. She laid a search for her
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.
The court emphasized that a prospective accused can only be summoned under Section 319 Cr.P.C. if strong and cogent evidence emerges, not merely based on allegations or inconsistencies in witness sta....
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, ....
The discretionary and extraordinary nature of the power under Section 319 Cr.P.C., requiring strong and cogent evidence to summon accused persons not named in the charge-sheet.
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. ....
The court held that the power under Section 319 Cr.P.C. must be exercised with strong evidence and cannot be invoked after the trial of co-accused has concluded.
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