New Delhi, Jan 10
The Supreme Court said Friday that someone whose name does not figure either in an FIR or a chargesheet but whose role in an alleged crime surfaces during the course of a trial would be subjected to the said trial.
A constitution bench of Chief Justice P. Sathasivam, Justice B.S Chauhan, Justice Ranjana Prakash Desai, Justice Ranjan Gogoi and Justice S.A. Bobde said that the evidence against such an accused would be sufficient when evidence was being recorded and not at the stage of cross-examination of witnesses.
The court observation came while addressing five questions referred to it by a three- judge bench Dec 8, 2011, on the stage at which Section 319 of the Code of Criminal Procedure (CrPC) would come into play to try a person whose role in a crime surfaces during the course of a trial and at what stage would the evidence be read against such an accused.
Section 319 of the CrPC spells out the proviso for the joint trial of a person, who though not been named as an accused, appears, during the course of investigation or trial, to have committed a crime.
By:IANS