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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Surendra Bishnoi – Appellant
Versus
State – Respondent
Order :
1. Instant criminal revision petition has been filed by the petitioner against the order dated 03.12.2020 passed by the learned Additional Sessions Judge No.2, Hanumangarh in Sessions Case No. 31/2020 whereby, the trial court has framed charges against the petitioner for offences under Sections 498A, 406, 323, 316 IPC.
2. Brief facts of the case are that on the basis of complaint filed by the respondent no.2, the accused petitioner was chargesheeted for offence under Sections 498A, 406, 323, 316 IPC. The case was committed to the court of Additional Sessions Judge No.2, Hanumangarh, where arguments on charge were heard and after hearing the arguments, learned trial court framed charges against the petitioners for offence under Sections 498A, 406, 323, 316 IPC.
3. Learned counsel for the petitioner has confined his arguments to the extent of framing charges for offence under Section 316 IPC and submits that the trial court has committed an error of law in framing charge for offence under Section 316 IPC inasmuch as, there is no evidence on record that the accused petitioner caused any injury on abdomen of injured resulting in miscarriage. Even in the statement recorded under Se
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.
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 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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