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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Dillip Kumar Agarwal @ Agarwalla – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of marital abuse and subsequent death (Para 1 , 2) |
| 2. importance of procedural correctness in charge alteration (Para 3 , 6) |
| 3. debate on the evidentiary standards for charge modification (Para 4 , 5) |
| 4. scope of court's role in evaluating evidence pre-trial (Para 7 , 9) |
| 5. principles governing alteration of charges under cr.p.c. (Para 8 , 14) |
| 6. critique of trial court's reasoning on evidence credibility (Para 10 , 12) |
| 7. final decision to add charge under section 302 ipc (Para 11 , 15) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The present revision is directed against the order dated 18.11.2021 passed by learned Additional Sessions Judge, Rairangpur in S.T. Case No. 17 of 2018, whereby, the petition filed by the petitioner- informant for alteration of charge under Section 216 of Cr.P.C. was rejected.
2. Sans unnecessary details, the facts of the case are that the petitioner lodged an FIR on 13.01.2018 before the Rairangpur Town Police Station alleging that his daughter, who was given in marriage to opposite party no.3 on 28.04.2015, was subjected to constant physical and mental cruelty by him and the other accused persons, who are her in-laws. It was further alleged t
The court affirmed that charges can be altered at any stage based on prima facie evidence without evaluating the probative value, allowing for the addition of a murder charge when warranted.
The power to alter the charge under Section 216 Cr.P.C. is exclusive to the Court and can be exercised at any time before the judgment is pronounced. The alteration must be founded on material availa....
For framing a charge under Section 306 IPC, there must be clear evidence linking an accused’s actions to the suicide; assumptions of harassment without evidence are insufficient.
Point of law : It is clearly discernable that for a conviction to stand on the basis of circumstantial evidence, the facts so established should be consistent only with the hypothesis of guilt of the....
The court emphasized that the framing of an alternative charge under Section 302 IPC should be based on prima facie evidence and could be added during the trial if sufficient material emerged.
The main legal point established in the judgment is that suspicion, however strong, cannot take the place of proof, and the burden of proof to establish guilt beyond reasonable doubt lies with the pr....
To establish a charge under Section 306 IPC, there must be evidence of instigation or abetment, which can be inferred from the accused's actions that create circumstances leading the victim to commit....
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