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SUBHASH CHAND
Rohit Kumar Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the rival submission of learned counsel for the parties.
2. The instant criminal revision has been preferred on behalf of the petitioner against the order dated 27.06.2022 passed in Sessions Trial No.150 of 2021, arising out of Balumath P.S. Case No.149 of 2021 whereby the learned Additional Sessions Judge-III, Latehar had rejected the discharge application of the petitioner under section 227 of Cr.PC.
3. The learned counsel for the petitioner has submitted that the court below has rejected the discharge application of the petitioner without taking into consideration the statement of two independent witnesses, namely, Kaushar Ali and Javed Akhtar who have categorically stated that the dispute between the victim and the petitioner was for salary and he has been falsely implicated in this case. It is also further submitted that no alleged offence is made out against the petitioner and the learned trial court without taking into consideration the statement of these two independent witnesses have rejected the application of the petitioner under section 227 of Cr.PC.
4. The learned APP and learned counsel for the OP No.2 vehemently opposed the contentions made by the learne
The main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
Point of Law : Gang Rape - Discharge - If two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion a....
The central legal point established in the judgment is that the Trial Court should exercise its judicial mind to determine whether a case for trial has been made out and should not conduct a roving e....
At the stage of framing charges, the Court should only consider whether a prima facie case is made out, without conducting a mini trial or examining the probative value of evidence.
The accused's submission at the stage of framing of charges is limited to the material produced by the prosecution, and the victim's testimony during trial cannot be considered at the stage of discha....
The court underscored that at the discharge application stage, the focus is on whether sufficient grounds exist for trial based on the FIR and investigation results, not on evidence appreciation.
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