Summoning Additional Accused -- Plea of Alibi Cannot Be Adjudicated at Stage of Summoning Additional Accused Under Section 319 CrPC; Must Be Proved at Trial
A plea of alibi is a matter of defence that must be established during trial through formal proof; it cannot be adjudicated at the stage of summoning an additional accused under Section 319 of the Code of Criminal Procedure. The threshold for summoning under Section 319 CrPC requires more than a prima facie case, as held in Hardeep Singh v. State of Punjab (2014) 3 SCC 92, but does not require proof beyond reasonable doubt. Eye-witness testimony naming an accused and attributing a specific role is sufficient to satisfy the threshold of prima facie satisfaction for summoning.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
