RAKESH AND ANR. versus STATE OF HARYANA

RAKESH AND ANR. versus STATE OF HARYANA

Statement of a prosecution witness without cross-examination constitutes 'evidence' for the purposes of Section 319 CrPC. The court may proceed against a person not mentioned in the charge sheet if prima facie material emerges from the recorded deposition, and cross-examination need not precede arraignment. The...

Source-derived case information.

Parties
Appellant: Rakesh; Appellant: Jai Bhagwan; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
25 July 2001
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Section 319, Code of Criminal Procedure—power to Proceed Against Persons Not Mentioned as Accused in Charge Sheet, Meaning of ‘evidence’ Under Section 319 Cr PC
Criminal Law Section 319, Code of Criminal Procedure—power to Proceed Against Persons Not Mentioned as Accused in Charge Sheet Meaning of ‘evidence’ Under Section 319 Cr PC

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Rakesh

Appellant

Jai Bhagwan

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the statement of a prosecution witness without cross-examination constitutes 'evidence' within the meaning of Section 319 CrPC

Ratio Decidendi

Statement of a prosecution witness without cross-examination constitutes 'evidence' for the purposes of Section 319 CrPC. The court may proceed against a person not mentioned in the charge sheet if prima facie material emerges from the recorded deposition, and cross-examination need not precede arraignment. The proceedings against such person begin afresh, with full opportunity for cross-examination at trial.

Court Disposition

Appeal dismissed

Orders

  • Application under Section 319 for arraigning appellants as additional accused upheld
  • Proceedings against appellants to commence afresh with opportunity for cross-examination at trial