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Supreme Court Of India
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)
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