Court need not test evidence credibility while deciding S.319 CrPC: SC

Court need not test evidence credibility while deciding S.319 CrPC: SC

In Neeraj Yadav v. State of U.P. & Ors., the Supreme Court clarified that while deciding an application under Section 319 CrPC to summon additional accused, the court is not required to test the credibility or weight of evidence, which is a matter for trial. The Court held that the power under Section 319 is extraordinary but enabling, allowing the court to summon anyone whose involvement appears prima facie from evidence during trial. Evidence relied upon can include witness testimonies examined in court and statements under Section 161 CrPC, including dying declarations, but charge-sheets or case diaries alone are insufficient. At the summoning stage, the standard is higher than framing charges but lower than proof for conviction. The Supreme Court allowed the appeal, observing that minor inconsistencies or delays in dying declarations do not preclude summoning, and child witness testimony can be relied upon prima facie. The ruling emphasizes that courts must avoid mini-trials and ensure no guilty person escapes trial.