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For Adding Additional Accused Strong Evidence On His Complicity Required

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.

 Article referred:http://www.livelaw.in/adding-additional-accused-s-319-crpc-strong-evidence-complicity-required-sc/

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