LAWS(SC)-2001-7-57

RAKESH Vs. STATE OF HARYANA

Decided On July 25, 2001
RAKESH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) For deciding the question involved, facts are--- on 16-03-1998, Shri Sat Pal, father of the prosecutrix Manju Bala lodged an FIR at Police Station, Gharaunda, District Karnal, Haryana under Sections 363, 366 and 376, IPC on the allegation that his minor daughter Manju Bala aged about 16 years had gone from the house on March 15, 1998 about 7.30 p.m. at 'Bara' (the place where cattles are tethered), but did not return thereafter. He complained that his daughter was taken away by Prem Chand, Rakesh and Jai Bhagwan due to previous enmity with the object of committing rape. On 17-3-1998, the girl and accused Prem Chand were found in Noida by the police. After investigation, the police found that the appellants Rakesh and Jai Bhagwan were not involved in the case. Therefore on August 11, 1998, charges were framed only against Prem Chand. On April 15, 1999, PWs 1, 2 and 3 were examined by the prosecution. On May 20, 1999, the prosecutrix was examined as PW4 and her cross-examination had begun, when the Public Prosecutor moved an application under Section 319 of the Cr. P.C. for arraigning the appellants as additional accused. The learned trial Judge, by an order dated July 15, 2000 arraigned the appellants as additional accused and summoned them to stand trial. The appellants preferred Criminal Revision Petition No. 1016 of 2000 before the High Court which was dismissed. Hence the present appeal.

(3.) The question involved in this case is-whether the statement of a prosecution witness without the said witness having been cross-examined, constitutes 'evidence' within the meaning of Section 319 of Cr. P. C., 1973.