Supreme Court of India
Labhuji Amratji Thakor & Ors. v. The State of Gujarat & Anr.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that though only a prima facie case is to be established from the evidence led before the court, not necessarily 827 tested on the anvil of cross-examination, it requires much stronger evidence than mere probability of his complicity.
Judgment, page 5
From the headnote
Code of Criminal Procedure, 1973: s. 319 – Power under – Scope of – Application under s. 319, alleging complicity of the appellants in a case trying of fences u/ss. 363 and 366 IPC and u/ss. 3 and 4 of Protection of Children from Sexual Offences Act, 2012 – Application was rejected – In Rev ision High Court allowed the application – On appeal, held: Power u/s. 319 is discretionary and extraordinary, which should be exercised sparingly – The test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to the extent that
Authorities it was built on
Where later benches applied it
Of those, 2 referred to
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