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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Vikram @ Andy – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The petitioner has filed the present petition against the order dated 4.6.2024, passed by learned Special Judge (Family Court), Shimla (learned Trial Court), vide which the learned Trial Court ordered the framing of charges against the petitioner (accused before learned Trial Court) for the commission of offences punishable under Sections 370 and 120-B of the Indian penal Code (IPC) and Section 4 of Immoral Trafficking (Prevention) Act. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present revision are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Section 370 of the IPC and Section 4 of the Immoral Trafficking (Prevention) Act. It was asserted that the police party was on patrolling duty on 12.9.2019 when they received secret information that Virender Singh was bringing girls from Punjab. He was pushing them into immoral trafficking. He paid them a few rupees and earned lakhs of rupees. The police asked Mohit and Mukesh Rolta to become decoy customers w
At the charge framing stage, the court must determine if the prosecution's material establishes a prima facie case, without considering the defence's merits.
The sufficiency of evidence for framing charges under criminal law requires strong suspicion, and detailed evidence appreciation is not necessary at the stage of framing charges.
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 main legal point established in the judgment is the requirement for a prima facie case and the evaluation of material by the court before framing charges under sections 227 and 228 of the Cr.P.C.
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.
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 holds that at the charge-framing stage, only prima facie evidence is considered, and the accused's defence cannot be evaluated until trial, ensuring that enough grounds exist to presume an ....
The main legal point established in the judgment is the need to avoid gender-based presumptions in the legal process unless provided by law and to assess each individual's involvement in a criminal a....
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....
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