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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
State Of Ap Through Public Prosecutor – Appellant
Versus
Legam Takaliang, Son of Apimso Takaliang – Respondent
| Table of Content |
|---|
| 1. incident involves mob violence and lynching. (Para 2 , 3 , 4) |
| 2. arguments regarding involvement of respondents in lynching. (Para 6 , 7 , 8) |
| 3. court reviews evidence against accused. (Para 9 , 10 , 11) |
| 4. legal standards for framing charges discussed. (Para 12 , 14 , 15) |
| 5. grave suspicion test supports charges against accused. (Para 17 , 20 , 21 , 22) |
| 6. court allows additional charges and proceeds with trial. (Para 23 , 24) |
Judgment :
Pranjal Das, J.
1. Heard Mr. L. Kurdu, learned Special Public Prosecutor (SIT) for the petitioner/State. Also heard Ms. N. Danggen, learned Amicus Curiae for the respondents.
2. With regard to the alleged rape and murder of a 5 and ½ years old girl, Tezu P.S. Case No. 22/2018 was registered under section 302/376 IPC read with section 6 of the POCSO Act and on 18/02/2018, two alleged accused persons in the said case namely, Sanjay Sobor and Jagdish Lohar were arrested and kept at the lockup of Tezu police station after obtaining police remand from court. That, on 19/02/2018 at around 12 p.m., a huge crowd of about thousand people armed with iron rods, pipes, hammers, wooden sticks surrounded the Tezu police station, overpowered the pol
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 main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
Discharge from criminal case – If on the basis of materials on record, court could come to conclusion that commission of offence is a probable consequence, case for framing of charge exists.
The court emphasized that at the stage of framing of the charge, the trial court is required to evaluate the material and documents on record to determine if there is ground for presuming that the ac....
At the stage of framing charges, the Court should only consider whether a prima facie case is made out, without conducting a mini trial or examining the probative value of evidence.
The main legal point established in the judgment is the need for the trial court to form an opinion based on the material placed on record by the Investigating Officer and not conduct a mini trial or....
Defective investigation does not preclude prosecution; an accused cannot be discharged solely on this ground if sufficient evidence exists against them.
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
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.
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