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RAMESHWAR VYAS
Gokulchand – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The instant revision petition has been filed under Section 397/401 of Criminal Procedure Code against the order dated 16.4.2021 passed by the Court of Additional Sessions Judge No.l, Sri Ganganagar, whereby charges were framed against the petitioner for the offences under Sections 436, 450, 147, 149 & 120-B IPC and Section 4 of The Prevention of Damage to Public Property Act, 1984 (herein afterwards referred to as 'the Act of 1984').
2. The brief facts of the case are as under:
That on 25.8.2017, one Shri Bhairudan, Labour Supervisor submitted a written report stating therein that while he was posted in the office of Divisional Labour Commissioner, Sri Ganganagar, the followers of ?Dera Sachcha Sauda' entered into the office and set the property on fire by pouring petrol. As a result of which, the department suffered lots of loss.
3. Learned counsel for the petitioner has contended that there is no material available on record to show that the petitioner was present at the spot. Learned counsel for the petitioner while drawing attention of this Court to the statement recorded under Section 164 Cr.P.C. of witnesses namely Ravindra Kumar, Prabhu Dayal, Bherudan and Arun submits
Charges against an accused must be based on sufficient evidence indicating their presence and involvement in the alleged crime.
At the charge-framing stage, only prima facie evidence is required, and strong suspicion is sufficient to proceed against the accused.
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....
Mischief by fire or explosive substance with intent to destroy house, etc - S. 436 RPC, it is clear that mischief, if committed in reference to a place of worship or a place of home dwelling or a pla....
The necessity of corroborative evidence in criminal cases was underscored, as the prosecution failed to establish the accused's guilt beyond a reasonable doubt.
The court emphasized that allegations in an FIR must establish a prima facie case for prosecution, and mechanical charge-sheets without credible evidence can be quashed under Section 482 of the Cr.P.....
At the charge framing stage, courts assess if allegations, taken as a whole, constitute an offence, without delving into trial outcomes or evidence credibility.
The central legal point established in the judgment is the prosecution's burden to prove the accused's liability beyond reasonable doubt and the limited application of vicarious liability in criminal....
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