Section 319 CrPC requires evidence strong enough to justify conviction, not mere prima facie suspicion

Section 319 CrPC is an extraordinary power to add a person as an accused only when the evidence recorded in inquiry or trial shows that, if unrebutted, it would justify conviction. Mere prima facie suspicion is not enough, and the power must be exercised sparingly. At the stage of considering such an application, the court may rely on evidence already on record, including cross-examination where available. On this standard, treating a mere prima facie case as sufficient was incorrect, and the summoning order was unsustainable.

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Issues: Whether the power to summon additional accused under Section 319 of the Code of Criminal Procedure, 1973 can be exercised merely on the existence of a prima facie case, and what level of satisfaction is required from the evidence on record.

Analysis: Section 319 confers an extraordinary power to proceed against a person not already an accused only when, in the course of inquiry or trial, it appears from the evidence that such person has committed an offence for which he could be tried together with the existing accused. The power is not to be used as a matter of course and must be exercised sparingly. Mere prima facie involvement is insufficient; the court must be satisfied that the prosecution evidence, if unrebutted, would lead to conviction of the person sought to be added. At the stage of deciding the application, the court may consider the evidence already on record, including cross-examination where available.

Conclusion: The High Court erred in treating a mere prima facie case as enough for invoking Section 319; the order summoning the appellants was unsustainable.

Final Conclusion: The appeal succeeded and the order of the High Court summoning the appellants as accused was set aside.

Ratio Decidendi: The power under Section 319 of the Code of Criminal Procedure, 1973 can be invoked only on evidence that, if unrebutted, would justify conviction, and not on a mere prima facie suspicion.

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