In Brief
Dharminder Singh, an acid attack survivor, died by suicide after being taunted by Varinder Singh and others. Varinder Singh had been cleared during police investigation based on alibi evidence (CCTV footage, parking receipts) placing him elsewhere. However, during trial, the victim's father testified as an eyewitness to the taunting. The Trial Court summoned Varinder Singh under Section 319 CrPC (invocation of power against new accused). The High Court quashed this, ruling the alibi evidence was stronger than the eyewitness testimony. The Supreme Court held that Section 319 CrPC is triggered by evidence emerging during trial, not investigative conclusions. Untested alibi documents cannot override sworn testimony at the summoning stage. The Court restored the Trial Court's order, emphasizing that the power must be exercised to ensure genuine perpetrators face trial.
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