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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Anjana Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Petitioners have filed the present revision petition, under Section 397, read with Section 401 of the Code of Criminal Procedure, against the order dated 03.03.2021, passed by the Court of learned Additional Sessions Judge-I, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘trial Court’), in Sessions Trial No.7 of 2021, titled as State versus Anjana Thakur and Others.
2. By way of order dated 03.03.2021, the learned trial Court has framed the charges against the petitioners, for the commission of offence punishable, under Section 306, read with Section 34 IPC.
3. Petitioners have been impleaded as accused in a case arising out of FIR No.169 of 2019, dated 29.08.2019, registered under Section 306, read with Section 34 IPC, with Police Station, Dhalli, Shimla. After completion of the investigation, charge-sheet, under Section 173(2) Cr.PC, has been filed and the learned trial Court, vide order dated 3.3.2021, has framed the charges against the petitioners, as referred to above.
4. Order dated 3.3.2021, has been assailed before this Court, on the ground, that the learned trial Court has not considered the documents attached with the report. Ac
At the charge framing stage, the prosecution's evidence is taken at face value, and the defence is not considered; if the evidence suggests a possible conviction, charges must be framed.
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.
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....
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.
The court ruled that at the charge framing stage, strong suspicion suffices to proceed against the accused, prioritizing witness testimonies and circumstantial evidence over the need for conclusive p....
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 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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