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MANOJ KUMAR GARG
Hari Prasad Swami, S/o. Shri Bhurdas – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
(Manoj Kumar Garg, J.)
1. Instant criminal revision petition has been filed by the petitioner against the order dated 25.07.2024 passed by the learned Additional Sessions Judge, Kuchaman City, District Didwana Kuchaman in Sessions Case No. 74/2021 whereby, the trial court has framed charges against the petitioner for offences under Sections 341, 323, 325, 327, 329, 384 read with 34 IPC.
2. Brief facts of the case are that the respondent complainant submitted a written report before the SHO, P.S. Kuchaman city, District Nagaur to the effect that on 10.04.2014 when he was sitting at Todu Chaywala hotel, one Hari Prasad who had bought land and dispute was going on, came alongwith Shivraj and started beating him with fist and blows. The accused persons allegedly threatened the complainant and also took away gold idol tied on his neck.
3. On this report, the police started investigation and after due investigation, the police filed challan against the present petitioners for offence under Sections 341, 323, 325, 384, 327/34 IPC. Thereafter, the case was committed before the learned Additional Sessions Judge, Kuchaman city, where arguments on charge were heard and after hearing the a
The court established that at the charge framing stage, a strong suspicion of guilt suffices to proceed, without requiring proof of the allegations.
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 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.
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.
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