- Case Name- Naveen vs State of Haryana [SLP(Crl) 3746 of 2022]
- Bench- Justices Ajay Rastogi and C.T. Ravikumar
- In this judgement the Supreme Court reaffirmed that the power granted to a court by Section 319 of the CrPC is an extraordinary and discretionary one that should only be used in exceptional circumstances.
- The bench also said that the fundamental test that must be used is one that is more than a prima facie case as determined at the time of filing of the charge, but falls short of satisfaction to the point where the evidence would result in a conviction if it were not refuted.
- The Trial Judge denied the complainant's request to bring a person to testify in a rape case under Section 319 of the Criminal Procedure Code.
- Appeals were made to the High Court and consequently this order was overturned. The application was granted by the High Court of Punjab and Haryana.
- The appeal was further escalated to the Supreme Court and the following judgement was passed.
- The Bench consulted the Constitutional Bench’s ruling in Hardeep Singh v. State of Punjab [(2014) 3 SCC 92] to reach its conclusion.
- In reference to the evidence in the record, the bench stated that it would not be enough to support the conviction in the case of the current appellant even if it went unrebutted. Therefore, the High Court's judgement was overturned.
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