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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAJNESH OSWAL
State of J&K through Additional Advocate General, Srinagar – Appellant
Versus
Abdul Majeed Ganai – Respondent
JUDGMENT ;
1. This revision petition is directed against the order dated 12.12.2011 passed by the court of learned Principal Sessions Judge, Budgam (for short ‘the trial court’) in case titled as “State versus Abdul Majid Ganai and others” whereby the learned trial court has discharged the respondent Nos. 1 and 2 in respect of allegations of commission of offence under section 302 RPC and instead charged them for commission of offence under section 304 part-II RPC.
2. It is contended by the petitioner that it is settled position of law that the court cannot meticulously examine the evidence collected by the Investigating Officer during investigation, while considering the issue of charge/discharge and rather the court has to only examine whether prima facie case in respect of commission of offence is made out against the accused persons or not. It is further urged that the learned trial court without perusing the record has simply accepted the plea of defence and brushed aside the evidence brought on record by the prosecution.
3. Mr. Alla ud Din Ganai, learned AAG has argued that the learned trial court could not have discharged the respondent No. 1 and 2 in respect of allegations per
The trial court must not conduct a mini-trial when framing charges; it should only assess if a prima facie case exists for the alleged offence.
(1) Framing of charge – In a criminal trial, prosecution can lead evidence only in accordance with charge framed by trial court – Where a higher charge is not framed for which there is evidence, accu....
The Trial Court must wait for all relevant reports and evidence before discharging an accused, and the judgment should be based on whether the prosecution has proved its case beyond reasonable doubt.
The main legal point established in the judgment is the need for the trial court to form an opinion based on the material placed on record by the Investigating Officer and not conduct a mini trial or....
The court established that charges must be based on sufficient evidence and cannot be framed on mere assumptions or retracted statements, emphasizing the need for a prima facie case.
At the stage of framing of the charge, the accused has no right to produce any material, and the trial court has to apply its judicial mind to the facts of the case to determine whether a case has be....
Reliability of statements of PWs - To pronounce a verdict on reliability of statements of PWs, who have clearly in their statements linked petitioner with commission of alleged crime.
The court determined that at the discharge stage, only a prima facie case is considered, and sufficient evidence of grievous injury justified framing charges under attempted murder.
Murder - Reliability of witnesses - A verdict on reliability of statements of Petitioners witnesses who have clearly in their statements linked petitioner with commission of alleged crime.
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