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Sec 319 CrPC: The fact that the police after investigation has found no material to charge the person cannot be ignored
Mani Pushpak Joshi Vs State of Uttarakhand and Anr
Criminal Appeal No. 1517 of 2019
About/from the judgment:
Supreme Court set aside the summoning order wherein appellant was added as accused on subsequent statement of victim but the same was not found to be reliable.
On an application filed by the father of victim, the appellant was summoned as additional accused by virtue of Section 319 CrPC. When the matter reached the Supreme Court, it was argued that introduction of additional person was deliberate on the part of the victim.
Supreme Court said "Having heard the learned counsel for the parties at some length, we find that the order summoning the appellant for the offences under Section 376(2) of the Indian Penal Code, 18604 read with Sections 5/6 of the Protection of Children from Sexual Offences Act, 20125 is not sustainable in law".
It opined "The prosecutrix is a small child. It is parents of the child who have taken the photographs either from the website of the School or from the Facebook to introduce a person with spectacles as an accused. The initial version of the father of the prosecutrix and of the prosecutrix herself, as disclosed by her father in the FIR, is assault by one person. But in view of statement of Gauri Vohra (PW11), the anger was directed against the Management of the School of which the appellant is a part. Even if the father of the child has basis to be angry with the Management of the School but, we find that no prima facie case of any active part on the part of the appellant is made out in violating the small child. The involvement of other persons on the statement of the child of impressionable age does not inspire confidence that the appellant is liable to be proceeded under Section 319 of the Code. In fact, it is suggestive role of the family which influences the mind of the child to indirectly implicate the appellant".
The Supreme Court also observed "The fact, that the prosecution after investigations has found no material to charge the present appellant is also cannot be ignored. The heinous crime committed should not be led into prosecuting a person only because he was part of the Management of the School. We have extracted the evidence led by the prosecution only to find out if there is any prima facie case against the appellant. We are satisfied that there is no prima facie case against the appellant, which warrants his trial for the offences pending before the Court".
Then the Supreme Court set aside the order and dismissed the application filed under Section 319 CrPC.
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