Sc: A Person Can'T Be Summoned As Accused On Strong Suspicion

SC: A person can't be summoned as accused on strong suspicion 12/31/2008 The Supreme Court has ruled that a person cannot be summoned as an accused merely on the basis of strong suspicion.A bench comprising Justices S B Sinha and Cyriac Joseph allowed the appeal of appellants, Lal Suraj alias Suraj Singh and Arbind Singh, who were summoned by the trial court as accused in a murder case under Section 319, CrPC.The two were not charge sheeted by the police inspite of the fact that Suraj Singh was named in the FIR.The deceased Ajay Singh had died on October 25, 2000. The Jharkhand High Court had also dismissed the criminal revision filed by the appellants.The apex court in its judgment noted, ‘The approach of learned Sessions judge was wholly incorrect. The principle of strong suspicion may be a criteria at the stage of framing charges as all the materials brought during investigation were required to be taken into consideration, but, for the purpose of summoning a person, who did not figure as accused, a different legal principle is required to be applied.’ In a case where, however, the court exercises its jurisdiction under Section 319 of the code, the power has to be exercised on the basis of the fresh evidence brought before the court, the judgment added.The apex court also observed that while exercising power under Section 319, the court has to satisfy itself on the basis of evidence brought before it that there is material on the basis of which a prima facie case is made out and strong suspicion alone is not enough to summon a person as accused.UNI

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