Summary
The High Court applied too low a threshold when it directed that two people be added as accused under Section 319 CrPC. The record did not contain the strong evidence, beyond a prima facie case at charge-framing, required to summon additional accused during trial.
Issues
- What evidentiary threshold governs summoning an additional accused under Section 319 CrPC.
- Whether that threshold was met on the material against the appellants.
Provisions considered
- Section 319, Code of Criminal Procedure, 1973The court may add a person as an accused only on strong and cogent evidence that is more than a prima facie case at charge-framing, but short of proof sufficient to convict if unrebutted. (¶ 7-10)
Held
- Section 319 is an extraordinary and discretionary power, to be exercised sparingly when strong and cogent evidence emerges against a person. Its threshold is above the prima facie standard for framing a charge but below satisfaction that unrebutted evidence would result in conviction. (¶ 7-8)
- The vague complaint allegations, Section 161 statement and complainant’s examination-in-chief did not meet that threshold against the appellants. The High Court erred in directing their impleadment. (¶ 9-10)
Result
The appeal was allowed and the High Court order directing the appellants’ impleadment as accused was set aside.