Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-04-27 allowed

Brijendra Singh & Ors vs State of Rajasthan

Bench: 2 — A.K. Sikri

In Brief

Three policemen named in an FIR for a 2000 murder were not charge-sheeted after investigation revealed they had alibis (duty certificates, medical records proving they were in Jaipur, 175 km away). Years later, during trial, the complainant sought to add them as additional accused under Section 319 CrPC. The trial court and High Court allowed this based on witness testimony. The Supreme Court reversed the orders, holding that Section 319 power is extraordinary and discretionary, requiring much stronger evidence than mere witness statements. Since investigation had gathered documentary proof supporting the alibi, the trial court erred in relying solely on examination-in-chief depositions without weighing such materials.

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Criminal Procedure Accused—Summoning of Additional Accused Discretionary Power of Courts Investigation and Evidence Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Alibi Defence

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