AIROnline 2022 SC 792 ::2022 (10) SCC 537 ::2022 (15) Scale 536

Supreme Court Of India

Hon'ble Judge(s): Ajay Rastogi, C. T. Ravikumar , JJ

(A) Criminal P.C. (2 of 1974) , S.319— Summoning of additional accused - In an offence of kidnapping, rape and attempt to murder - On ground that appellant-proposed accused was accomplice of main accused, who shifted deceased to hospital, after incident, to save themselves - Incident occurred at hotel and not at hospital, so same does not make him accomplice with accused - Further, testimony of hotel manager, waiter that no one accompanied deceased at hotel, except main accused was corroborated by CCTV footage - Order passed by High Court, summoning appellant, set aside. (Para 13 15) (B) Criminal P.C. (2 of 1974) , S.319— Summoning of additional accused - In an offence of kidnapping, rape and attempt to murder - On ground that appellant-proposed accused was accomplice of main accused - Alleged occurrence took place in hotel and accused persons shifted victim to hospital- Name of appellant does not figure anywhere during investigation, testimony of hotel and hospital staff and CCTV footage - Order passed by High Court, summoning appellant, set aside. (Para 14 15) .....