Code of Criminal Procedure, 1973–Sec. 319–Whether the word “evidence” used in Sec. 319(1) CrPC could only mean evidence tested by cross-examination or the Court can exercise the powers under the said provision even on the basis of the statements made in examination-in-chief of the witness concerned ?–Held, for exercising the powers, Court need not wait for the evidence against the accused proposed to be summed is to be tested by cross-examination because–
(i) person sought to be arraigned as an accused cannot cross-examine the witness prior to passing the order u/s. 319 as such procedure is not contemplated by the Cr.P.C.,
(ii) invariably the State would not oppose or object to the naming more persons as an accused as it would only help the prosecution in completing the chain of evidence unless the witness is obliterating
the role of already facing trial.
(iii) Section 299 Cr.P.C. enables the Court to record evidence in absence of the accused in the circumstances mentioned therein.
