Code of Criminal Procedure, 1973–Sec. 319–Scope–Power is to be exercised sparingly and only when cogent evidence is available–The prima facie opinion which is to be formed for exercise of this power requires stronger evidence than mere probability of complicity of a person–The test to be applied is the one which is more than a prima facie case as examined at the time of framing charge but not of satisfaction to the extent that the evidence if goes uncontroverted would lead to the conviction of accused.
