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MADAN GOPAL VYAS
Manfool – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Madan Gopal Vyas, J.
The present Criminal Revision Petition under Section 397 read with Section 401 of Criminal Procedure Code has been preferred by the petitioner against the order dated 17.09.2022 passed by the learned Additional Sessions Judge, Jodhpur District in Sessions Case No. 21/2022 (CIS no. 100/2021) whereby the learned trial Court has framed charges against the petitioner for the offences under Sections 148, 364 in alternative 364/149, 302 in alternative 302/149 and 120B of the IPC.
2. Learned counsel for the petitioner submits that the learned trial Court has committed grave illegality while framing the charges against the petitioner for the offences aforesaid. It is submitted that the incident happened on 31.05.2021 at 3 PM whereas the FIR was lodged on 01.06.2021 at about 11.15 AM, therefore, there has been a delay of about 19-20 hours in lodging the FIR and there is no explanation for the said delay. It is further submitted that the complainant has produced eye witnesses, namely Sohan Ram and Shyamlal and both the eye witnesses have not named the petitioner in their statements. It is further submitted that the petitioner is not named in the FIR and he was al
At the charge framing stage, courts assess if allegations, taken as a whole, constitute an offence, without delving into trial outcomes or evidence credibility.
At the charge-framing stage, the court evaluates if uncontroverted allegations establish an offence, without detailed examination of evidence.
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
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, 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....
A trial court must apply its mind to the evidence and material before framing charges, ensuring reasonable grounds exist for presuming guilt.
An order framing charges in a criminal trial is not purely interlocutory or final and can be challenged in revision under certain circumstances, but generally, recourse should first be sought from th....
At the stage of framing the charge, the court should only consider whether there are sufficient grounds for proceeding against the accused based on the material on record, and should not weigh the ev....
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