'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC
3 years, 2 months ago

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC

Live Law  

The Delhi High Court recently dismissed a Revision Petition filed against an order of the Additional Sessions Judge framing the charge of murder against the accused-revisionist. Justice Rajnish Bhatnagar held: "When the material placed before the Court discloses great suspicion against the accused which has not been properly explained, the Court will be justified in framing charge. Aggrieved, the Accused filed a Revision Petition under Section 397/401 of the Code of Criminal Procedure 1973 before the Delhi High Court, arguing that the evidence was insufficient to establish a murder case. Probative Value of Evidence The Court limited its scrutiny of the evidence to determine whether a prima facie case was made out for charging the Accused with Section 302 of the IPC. Prima Facie case The Court concluded that a prima facie case had been established for framing charges under Section 302 of the IPC against the Accused.

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History of this topic

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court
1 month ago

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court held that a prima facie opinion at the bail application stage would not impact the investigation and trial. Court stated, “A finding of a prima facie case at the bail application stage is not binding to the trial court at the time of final disposal of that case. Therefore, simply because a …

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court
9 months, 1 week ago

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court

Live Law  

Highlighting the duties of a Court while framing a charge against an accused the Jammu and Kashmir and Ladakh High Court has ruled that investigative shortcomings should not prevent the framing of charges based on the evidence presented. Quashing an order passed by the Additional District and Sessions Judge Baramulla, directing framing of charges under Section 304 Part-I IPC a …

Irked At Perfunctory Probe, Allahabad HC Orders Specialized Training For IO To Enhance Skills In Murder Case Investigations
10 months, 1 week ago

Irked At Perfunctory Probe, Allahabad HC Orders Specialized Training For IO To Enhance Skills In Murder Case Investigations

Live Law  

The Allahabad High Court recently censured an Investigating Official for hastily filing a chargesheet under Section 306 IPC after dropping the charge under Section 302 IPC, initially specified in the FIR. A bench of Justice Manju Rani Chauhan further directed the Commissioner of Police, Police Commissionerate, Agra, to send the IO for special training to prepare him for investigating offences, …

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court
1 year, 7 months ago

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court

Live Law  

The Delhi High Court has said that the trial court is required to give a prima facie view stating that on what basis charges have been framed against an accused under the Juvenile Justice Act. However, the court is required to give prima facie view that on what basis the charges were framed,” Justice Dinesh. However, the court is required …

UAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis : Supreme Court
1 year, 7 months ago

UAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis : Supreme Court

Live Law  

The Supreme Court's decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise unyielding interpretation of the court's bail-granting powers under the Unlawful Activities Act, which flows from the Zahoor Ahmad Watali judgement. While deprecating the Delhi High Court's 'approach', the Supreme Court held that …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 10 months ago

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. In this regard, the Court also referred to the Apex Court’s ruling in the case of Nagendra Sah Vs. the State …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 4 months ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court
2 years, 6 months ago

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court

Live Law  

The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out whether a prima facie case is made out.The threshold of scrutiny required to adjudicate an application under Section 227 Cr.P.C. The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out …

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC
2 years, 7 months ago

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Live Law  

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner …

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court
2 years, 8 months ago

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court

Live Law  

The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence. "Ex facie, the allegations are grave, and it cannot be said that there are no materials on record at all", the bench …

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC
2 years, 11 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law  

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

Framing Of Charge- Probative Value Of Materials Cannot Be Gone Into, Material Brought On Record By Prosecution To Be Accepted As True: Delhi HC
3 years ago

Framing Of Charge- Probative Value Of Materials Cannot Be Gone Into, Material Brought On Record By Prosecution To Be Accepted As True: Delhi HC

Live Law  

The Delhi High Court has observed that at the stage of framing of a charge, the probative value of materials on record cannot be gone into and that such material brought on record by the prosecution has to be accepted as true at that stage. It said that when the material placed before the court discloses great suspicion against the …

"Investigation Highly Callous, Inefficient But Cannot Ignore Statements Of Victims": Delhi Court Frames Charges Against One In Delhi Riots Case
3 years, 7 months ago

"Investigation Highly Callous, Inefficient But Cannot Ignore Statements Of Victims": Delhi Court Frames Charges Against One In Delhi Riots Case

Live Law  

A Delhi Court recently framed charges against one Rohit in a case concerning North East Delhi riots after observing that even though the investigation in the matter appears to be highly callous and inefficient, however, the statements of victims cannot be ignored by the Court. "Be that as it may, it is worth noting that investigation in the matter appears …

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]
4 years, 8 months ago

'Witness Not Expected To Have Photographic Memory, Variations In Facts/Improvements Natural In Depositions': P & H HC [Read Order]

Live Law  

The Punjab and Haryana High Court has asserted that in a criminal case,"one cannot be expected to have an eidetic/photographic memory" and that "slight changes in the facts or alleged improvements are bound to happen, being natural". Word of caution: Statutory Presumption in section 29, POCSO Act is still a rebuttable presumption The bench noted that Section 29 of the …

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]
5 years, 4 months ago

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]

Live Law  

Delhi High Court has held that the order of the trial court on charge need not be a lengthy or a detailed one. Such an order should indicate that in the opinion of the trial court a prima facie case is made out. It was contended that no reason has been assigned as to on what basis the trial court …

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]
5 years, 4 months ago

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Friday reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused. It said, "Learned Magistrate was required to atleast mention in the order about the prima facie satisfaction for summoning the accused. These words suggest that the Magistrate has to apply his …

Conviction Can’t Be Set Aside If No Prejudice Has Been Caused To Accused By Non-Framing Of Charge: SC [Read Judgment]
6 years, 5 months ago

Conviction Can’t Be Set Aside If No Prejudice Has Been Caused To Accused By Non-Framing Of Charge: SC [Read Judgment]

Live Law  

‘A conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been caused to him and that “failure of justice” has occasioned thereby.’The Supreme Court has held that a conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been …

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]
7 years, 11 months ago

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]

Live Law  

The prima facie opinion to be formed requires stronger evidence than mere probability of his complicity, it said.The Supreme Court, in Brijendra Singh vs State of Rajasthan, has observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of …

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]
7 years, 11 months ago

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]

Live Law  

The prima facie opinion to be formed requires stronger evidence than mere probability of his complicity, it said.The Supreme Court, in Brijendra Singh vs State of Rajasthan, has observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of …

Asking accused in JNU Sedition Case to prove innocence- Blatant error in law!
9 years, 1 month ago

Asking accused in JNU Sedition Case to prove innocence- Blatant error in law!

Live Law  

They should join the probe, If they are innocent, they should present evidence of their innocence: BS Bassi, CP Delhi on #JNURow— ANI February 22, 2016Delhi Police Commissioner B.S.Bassi today reportedly asked JNU students, who returned to the university campus last night, to join the probe and present evidence of their innocence. They should join the probe, If they are …

Asking accused in JNU Sedition Case to prove innocence- Blatant error in law!
9 years, 1 month ago

Asking accused in JNU Sedition Case to prove innocence- Blatant error in law!

Live Law  

They should join the probe, If they are innocent, they should present evidence of their innocence: BS Bassi, CP Delhi on #JNURow— ANI February 22, 2016Delhi Police Commissioner B.S.Bassi today reportedly asked JNU students, who returned to the university campus last night, to join the probe and present evidence of their innocence. They should join the probe, If they are …

Material prima facie shows Tejpal was involved in offence, says judge
11 years, 4 months ago

Material prima facie shows Tejpal was involved in offence, says judge

The Hindu  

Rejecting Tehelka editor-in-chief Tarun Tejpal's anticipatory bail plea, District and Sessions Court, Panaji, on Saturday held that the material on record prima facie indicate that he is involved in committing acts which constitute offences of custodial rape and outraging the modesty of the woman. “The statement of the victim and the documents in the form of emails, etc., details of …

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