Code of Criminal Procedure, 1973:s. 319 – Power under – Scope of – Application under s. 319,alleging complicity of the appellants in a case trying offences u/ss.363 and 366 IPC and u/ss. 3 and 4 of Protection of Children fromSexual Offences Act, 2012 – Application was rejected – In RevisionHigh Court allowed the application – On appeal, held: Power u/s.319 is discretionary and extraordinary, which should be exercisedsparingly – The test to be applied is one which is more than primafacie case as exercised at the time of framing of charge, but short ofsatisfaction to the extent that the evidence if rebutted would lead toconviction – High Court has not adverted to the above test nor hasgiven any cogent reason for exercise of power u/s. 319 – From theevidence of the witnesses, complicity of the appellants in the offenceis not made out – Application u/s. 319 was rightly rejected by trialcourt.