The standard of proof required for summoning an additional accused under Section 319 Cr.P.C. is lower than the standard of proof required for conviction.

1. - The present petition has been preferred by the petitioner-accused Ram Chandra u/S. 482 Cr.P.C. assailing the impugned order dated 5.11.2015 passed by the learned Sessions Judge, Sikar in Sessions Case No. 42/2013 (State of Raj. v. Bhagwan Singh) whereby learned Sessions Judge allowed the application of complainant u/S. 319 Cr.P.C. and took cognizance for offence u/S. 376 IPC and u/S. 3(1)(XII) of the SC/ST (Prevention of Atrocities Act) Cases and Section 3/4 of the Protection of Children From Sexual Harassment Act and summoning the petitioner-accused through arrest warrant in an application u/S. 319 Cr.P.C. before learned Sessions Judge, Sikar in Sessions Case No. 42/2013 for summoning the petitioner as an additional accused which was allowed by the learned trial court vide order dated 05.11.2015.

2. Being aggrieved by the said order, the petitioner has moved this petition u/S. 482 Cr.P.C.

3. Mr. Anoop Dhand, learned counsel for the petitioner submits that petitioner has not been named in the FIR and the statement of the prosecutrix was recorded u/S. 161 Cr.P.C. and also recorded u/S. 164 Cr.P.C. However, in all her statements recorded, she uttered the word "Bsdsnkj" Now during trial the prosecutrix in her statement had disclosed the name of the petitioner Ram Chandra. He submits that prosecutrix is a false witness and she is involved in the business of blackmail. Previously, also she lodged FIR twice for the offence u/S. 376 IPC wherein during trial she turned hostile. In the present case also in FIR, she levelled allegations against the accused. Without considering these facts, learned trial court ordered to summon the petitioner which is per se illegal, therefore, this misc. petition may be allowed and impugned order may be quash and set aside.

4. He relied upon the judgment in the case of Hotam Singh v. State of Raj. & Ors. 2013(1) WLC (Raj.) 755 ; Sarabjit Singh & Anr. in Criminal Appeal No. 998/2009 decided on 12.05.2009 by the Hon’ble Supreme Court and Hatti Ram v. State of Rajasthan & Anr. 2015(4)CJ (Cri)(Raj.) 2065 .

5. Section 319 Cr.P.C. reads as under:-Power to proceed against other persons appearing to be guilty of offence.-

(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed.

(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.

(3) Any person attending the court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.

(4) Where the Court proceeds against any person under sub-section (1), then-

(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;

(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.

6. In the case in hand, prosecutrix lodged FIR wherein she levelled allegations against two persons named "1- "Bsdsnkj" 2- Hkxokukjke" in the following terms:-

"eSa dy th.k ekrkth tkus ds fy, 10 cts ds djhc ?kj ls fudyh gS xksj;k vkbZ cl esa cSB dj xksj;k igqWaph xksj;k esa eq>s Bsdsnkjth vkSj Hkxokuk jke ekLVj feys oks eq>s xkM+h esa ysdj vk;s vkSj Bsds ls 'kjkc ih vkSj fQj bu nksuksa us esjs lkFk cykRdkj fd;kA"

7. Though petitioner was named as "Bsdsnkj" in FIR and also in her statement recorded by the police but he was not charge sheeted.

8. Thereafter, in her statement recorded u/S. 161 Cr.RC. she again stated that:-

"eSa xksfj;k esa cl ls mRrj xbZA ogkWa eq>s Bsdsnkj th ekLVj feys FksA Bsdsnkj th dk uke ugha tkurh FkhA vkil esa ckr djrs