Ganesh Kanojia v. State Of Punjab And Others


   

 
  
 
   

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 != "The complainant P.W2 Ganesh Kanojia has given entirely different statement in his re-examination by leveling allegations against Jaspal Bawa, his wife Raj Rani, son Love Bawa and daughter Heena Bawa against whom the present application has been filed.

The persons are not to be summoned as an accused merely on the statement of the witness. The courts are required construe the entire record. In this case the complainant Ganesh Kanojia was initially examined on 6.6.2019 wherein he has not stated anything against the persons sought to be summoned as additional accused.

- 3 - Subsequently, he was recalled and while recording his statement he has named other persons who are strangers to the case as an accused for the commission of offence. There is no similarity between both the statements given by complainant Ganesh Kanojia.

7.

So from the perusal of the statement of the complainant and the original complaint and statement recorded in the Court and statement of other witnesses and documents placed on file, it is clear that there is no sufficient evidence against the persons sought to be summoned as additional accused which can prove that they can be tried along with the accused who is already facing the trial. Moreover, no satisfactory explanation has come on record as to why the complainant has given different versions. So, when there is no sufficient evidence at this stage, the application is without merit and same stands dismissed. However, nothing expressed herein shall have any bearing on the merit of the case." The trial court rightly emphasized that accused individuals can only be summoned if there is substantial evidence on record demonstrating their involvement in the offense. This evidence must exceed a prima facie case, which is typically considered during the framing of charges, but falls short of conclusive proof that would lead to a conviction if left unrebutted. %<'

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1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No