Court’s power under Section 319 has been reiterated in Hardeep Singh v. State of Punjab, (2014) 3 SCC 92.  It has been held, such power is available before pronouncement of a Judgment. After pronouncement of a Judgment of conviction, trial is not complete. Though, it may be so in case of acquittal. A Judge is required to award an appropriate sentence, which results in conclusion of trial. Court shall pause trial if, before sentencing, it finds evidence or an application under Section 319 is filed.

– Hon’ble Justice A.S. Bopanna, Sukhpal Singh Khaira v. State of Punjab, [Criminal Appeal No. 885 of 2019].

_____

In absence of any credible evidence, power under Section 319 ought not to be invoked.

– Hon’ble Justice Surya Kant, Juhru v. Karim, [Criminal Appeal No. 549 of 2023] decided on 21.02.2023.

_____

Hardeep Singh v. State of Punjab, (2014) 3 SCC 92 held, “though only a prima facie case is to be established from evidence led before Court, not necessarily tested on anvil of cross-examination, it requires much stronger evidence than mere probability of his complicity; test to be applied is one which is more than prima facie case as exercised at time of framing of charge, but short of satisfaction to an extent that evidence, if goes unrebutted, would lead to conviction; in absence of such satisfaction, Court should refrain from exercising power under Section 319, CrPC.”

– Hon’ble Justice Dipankar Datta, Satbir Singh v. Rajesh Kumar, [Criminal Appeal No. 1487 of 2025] decided on 01.04.2025.