Back
ROBIN PHUKAN
Techi Kak, S/o. Techi Mutie – Appellant
Versus
Bijay Biswas @ Dengu, S/o. Jaharlal Biswas – Respondent
JUDGMENT :
1. In this petition, under Section 397/401 of the Cr.P.C., the petitioner, Shri Techi Kak has challenged the legality, propriety and correctness of the order dated 20.12.2021, passed by the learned Sessions Judge, Yupia in Sessions Case No.02/2021, under Section 120B/302/316/201/34 IPC.
2. It is to be noted here that vide impugned order dated 20.12.2021, the learned Court below had discharged the respondent No.1 -Shri Bijay Biswas @ Dengu and respondent No.2-Smti Taya Chumi, from the charges under Section 227 of the Cr.P.C.
3. The factual background, leading to filing of the present petition is briefly stated as under:-
The trial judge is expected to exercise judicial mind to determine whether a case for trial has been made out, and the duty of the trial court to apply its mind at the time of framing charges and not....
Discharge of accused – Challenged - no active role is incriminated against her, she cannot be made liable for the acts done by Accused No.1. She was only subscribing her signature on the documents on....
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
It is very difficult to get direct evidence in case of criminal conspiracy and there could be indirect evidences/circumstantial evidences to convict accused.
In order to constitute a conspiracy, meeting of mind of two or more persons to do an illegal act or an act by illegal means is a must. In other words, it is sine qua non for invoking the plea of cons....
At the discharge stage under Cr.P.C. Section 239, the court must consider if there is sufficient prima facie evidence for charges rather than delve into the probative value of evidence.
Court emphasized the importance of grave suspicion in determining sufficient grounds for framing charges, overruling the discharge of the accused in light of strong evidentiary support.
The court emphasized that a discharge is warranted when the allegations do not establish a prima facie case, particularly in the absence of strong suspicion and material evidence linking the accused ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
