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MANOJ KUMAR GARG
Bhagwanti, W/o. Suresh Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant criminal revision petition has been filed by the petitioners against the order dated 06.06.2023 passed by learned Additional Sessions Judge No.2, Nohar, District Hanumangarh by which the trial court framed the charges against the petitioners for offences under Sections 365, 308, 325, 323, 341, 342, 452, 427, 382, 148, 149 IPC.
2. Brief facts of the case are that the complainant submitted a written report before the S.H.O. Police Station Gogamedi to the effect that on 15.04.2019 when he was cleaning the liquor shop, at that time, all the accused persons armed with lathi and iron rods assaulted him, ransacked the shop and took away a sumo f Rs.15,350/-.
3. After usual investigation, the police filed challan against the accused petitioners before the competent court and thereafter, the case was transferred to the court of Additional Sessions Judge No.2, Nohar, Hanumangarh and after arguments on charge, charges were framed against the petitioners for aforesaid offences.
4. Counsel for the petitioners submits that there is no direct or indirect evidence available on record to connect the petitioners with the alleged incident. It is argued that the petitioners have been fa
At the stage of framing charges, the truth, veracity, and the effect of the evidence are not to be meticulously examined, and strong suspicion is enough to frame a charge. The court is required to ev....
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
At the stage of framing charges, only prima facie evidence is required, and strong suspicion is enough to frame charges. The court referred to various legal principles and precedents to support its d....
At the stage of framing charges, only a strong suspicion of the accused committing an offense is required, and the final test of guilt is not applied at this stage.
At the charge-framing stage, only a prima facie case is required, and the court must determine if there is strong suspicion of guilt without delving into the merits of the evidence.
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