HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
DAYAL RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present revision petition under Section 397/401 Cr.P.C. has been filed by the petitioners against the order dated 01.08.2022 passed by learned Additional Sessions Judge, Jaitaran, District Pali whereby learned Judge framed the charges against the petitioners for offence under Sections 341, 323, 325, 308, 332, 353/120B IPC .
2. Learned counsel for the petitioners submits that in the FIR, names of the petitioners were not mentioned and no specific averments have been made by the injured in their statements against the present petitioners. Only omnibus allegations have been made against them. Counsel further submits that no injury reports were prepared in this case. Thus, the learned trial court while passing the impugned order of framing charge has ignored the aforesaid aspects of the matter and committed grave error in framing the charge against the petitioners for the aforesaid offences. The impugned order of framing charge is per-se illegal and deserves to be quashed and set aside.
3. Per contra, learned Public Prosecutor and learned counsel for respondent No.2/complainant have vehemently opposed the revision and submitted that the order impugned of framing charge aga
At the charge-framing stage, only prima facie evidence is required, and strong suspicion is sufficient to proceed against the accused.
A trial court must apply its mind to the evidence and material before framing charges, ensuring reasonable grounds exist for presuming guilt.
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 trial court must thoroughly evaluate evidence before framing charges, as mechanical adoption of prosecution's stance is inappropriate.
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, 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....
The trial court must provide a reasoned basis for framing charges, ensuring thorough consideration of all relevant evidence.
At the charge framing stage, only prima facie evidence is required, and strong suspicion suffices to proceed against the accused.
The court upheld the trial court's framing of charges under IPC, affirming that the nature of injuries justified the charges without finding any illegality or perversity.
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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