Supreme Court of India
Periyasami and Ors. v. S. Nallasamy
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What the Court ordered
We hold that though only a prima facie case is to b e established from the evidence led before the court, not necessarily tested on the anvil of cross-examination, it requires much stronger evidence than mere probability of his complicity.
Judgment, page 7
From the headnote
Code of Criminal Procedure, 1973: s. 319 – Power to proceed against other persons appe aring to be guilty of offence – Application u/s. 319, to summ on accused named in the application as additional accused – Reject ed by the magistrate, however, allowed by the High Court – On appeal, he ld: U/s. 319 additional accused can be summoned only if there is mo re than prima facie case as is required at the time of framing of charge but which is less than the satisfaction required at the time of conclusion of the trial convicting the accused – On facts, in FIR or in the statements recorded u/s. 161,
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