Vikas Rathi vs. The State of U.P.

Criminal Appeal · 2023 INSC 186Decided 1 Mar 2023
Criminal Appeal No. 644 of 2023
Abhay S. Oka · Rajesh Bindal

Background

The appellant, a businessman, was named by the complainant (widow of a murdered employee) as being involved in the murder, but the trial court's original chargesheet named two other persons, with the appellant only appearing as a prosecution witness. After his testimony, the complainant sought to have him summoned as an additional accused under Section 319 CrPC; the trial court refused, but the Allahabad High Court set that refusal aside and sent the matter back for fresh consideration.

Decision Breakdown

The Supreme Court reiterated the Constitution Bench standard from Hardeep Singh v. State of Punjab that the power to summon an additional accused under Section 319 CrPC is extraordinary and must be used sparingly, only where evidence is strong and cogent (more than a prima facie case, though short of what is needed for conviction) and never on mere suspicion. Examining the actual evidence, the Court found only vague hearsay and an eyewitness who had retracted his police statement, none of it rising to the required threshold, especially since the originally chargesheeted accused were themselves later acquitted for insufficient evidence. It held that the High Court should have evaluated the material itself rather than remanding the matter (which only prolongs litigation), and restored the trial court's order refusing to summon the appellant.

Lesson Learnt

Being named or suspected by relatives of a victim is not enough to drag a person into a criminal trial as an accused. Courts may only invoke the extraordinary power to add an accused mid-trial when the evidence is strong and cogent, not merely suspicious.

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