Court can Summon Additional Accused Based on Prima Facie Evidence, “judex damnatur cum nocens absolvitur": Supreme Court

In a significant ruling, the Supreme Court of India clarified the scope and application of Section 319 of the Code of Criminal Procedure (Cr.P.C) in criminal trials. The judgment, delivered by Justice Sudhanshu Dhulia, held that the court has the power to summon additional accused individuals if prima facie evidence indicates their guilt, even if they were not named as accused during the initial investigation.

The case in question, Criminal Appeal No. 2195 of 2023, arose from a criminal trial before the Additional Sessions Judge, Sirsa, Haryana, involving an incident that occurred on September 7, 2017. The appellant, Sandeep Kumar, who was the informant and a prosecution witness (PW-9) in the trial, moved an application under Section 319 Cr.P.C to summon three individuals, Ramesh Gandhi, Kalu Jakhar, and Pawan, as accused. These three individuals were named in the First Information Report (FIR) but were not charged in the chargesheet.

Justice Sudhanshu Dhulia, in the judgment, emphasized that the court's power under Section 319 Cr.P.C is to be exercised cautiously, but if evidence during the trial shows that a person has committed an offense for which they could be tried with the accused, the court can proceed against such person as an accused. Quoting the legal maxim "judex damnatur cum nocens absolvitur," which means "the judge is condemned when the guilty is acquitted," the court highlighted the duty of the court to ensure justice by punishing the real culprits.

The Supreme Court rejected the revision filed by one of the summoned accused, Ramesh Gandhi, challenging the summoning order. The court found that the trial court had correctly exercised its power under Section 319 Cr.P.C based on the prima facie evidence provided by the prosecution witness (PW-9). The High Court's decision to set aside the summoning order was deemed to be erroneous as it delved into the merits of the evidence, which should be scrutinized during the trial.

This landmark ruling reaffirms the court's commitment to seeking the truth and ensuring that all individuals responsible for a crime are brought to justice. It also highlights the importance of Section 319 Cr.P.C in holding accountable those who might have been initially overlooked during the investigation but are later found to be involved in the offense.

The judgment sets a precedent for future cases, emphasizing that the court's power to summon additional accused individuals should be exercised judiciously, based on prima facie evidence, and with the objective of ensuring a fair trial that upholds the principles of justice and truth.

Date of Decision: July 28, 2023

SANDEEP KUMAR vs  THE STATE OF HARYANA & ANR.