Aarif & Ors. vs The State of Rajasthan & Anr.

Criminal Appeal · 2023 INSC 947Decided 19 Oct 2023
Criminal Appeal No. 3172 of 2023

Background

In a 2017 incident, the complainant's father was fatally assaulted with iron rods and his mother was also injured, while they were near a brick heap. A charge sheet was initially filed against five other persons, but the appellants (Aarif and others) were not named. Later, based on the widow's (PW-1) testimony, the trial court invoked Section 319 of the Code of Criminal Procedure to add the appellants as additional accused; this was first overturned by the High Court (which asked for other eyewitnesses to be examined first), but after further evidence, the trial court again summoned them, and the High Court this time upheld that order, leading to the present appeal.

Decision Breakdown

The Supreme Court reviewed the standard for invoking Section 319 CrPC, which requires a stricter degree of satisfaction than an ordinary prima facie case, as laid down by a Constitution Bench in Hardeep Singh v. State of Punjab. On examining the actual evidence, it found the widow's testimony had already been found insufficient once before by the High Court itself, and the other witnesses relied upon either admitted they were not actual eyewitnesses, gave testimony recorded only after unexplained delay, or otherwise failed to meet the required standard. Concluding that the evidence did not meet the stricter threshold needed to add new accused mid-trial, the Court set aside both the trial court's summoning order and the High Court's order confirming it, while clarifying its observations were only for the limited purpose of deciding the Section 319 application, not a final verdict on guilt.

Lesson Learnt

Adding a new person as an accused during an ongoing criminal trial requires stronger, more convincing evidence than what is needed merely to file charges in the first place. Courts cannot summon additional accused based on weak, delayed, or non-eyewitness testimony.

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