MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANJIT Singh has filed this revision petition assailing order dated 16.02.2013 (Annexure P-1) passed by learned Additional Sessions Judge, Ferozepur thereby allowing prosecution application under Section 319 of the Code of Criminal Procedure (in short, Cr.P.C.) and thereby ordering summoning of petitioner Manjit Singh as additional accused to face trial in case FIR No.61 dated 02.06.2012, under Sections 376/363/366A/34 IPC, registered at Police Station Khuhian Sarvar, District Fazilka.

(2.) I have heard the learned counsel for the parties and perused the case file. Counsel for the petitioner reiterated the contentions noticed in motion order dated 22.04.2013. I have carefully considered the matter.

(3.) ON the other hand, the police had found the petitioner innocent on the basis of evidence collected during investigation including alleged statement of prosecutrix recorded during investigation. No other material witness of the alleged occurrence had either been examined before the impugned order was passed. The prosecutrix had also not been examined as witness in the trial Court. Consequently, on the basis of the statement of Investigating Officer only, which did not constitute substantive evidence, there was no sufficient material to summon the petitioner as additional accused under Section 319 Cr.P.C.