For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]

The prima facie opinion to be formed requires stronger evidence than mere probability of his complicity, it said.The Supreme Court, in Brijendra Singh vs State of Rajasthan, has observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of the charges against others. The Supreme Court, in Brijendra Singh vs State of Rajasthan, has observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of the charges against others in respect of whom charge sheet was filed. A bench headed by Justice AK Sikri observed that the prima facie opinion which is to be formed for exercising this power under Section 319 CrPC requires stronger evidence than mere probability of his complicity. “The ‘evidence’ recorded during trial was nothing more than the statements which was already there under Section 161 CrPC recorded at the time of investigation of the case… In a case like the present where plethora of evidence was collected by the IO during investigation which suggested otherwise, the trial court was at least duty bound to look into the same while forming prima facie opinion,” the bench said.