Justice Markandey Katju of Apex Court has, in this judgment of Soma Chakravarty case, affirmed that…
Soma Chakravarty vs State Through CBI on 10 May, 2007 (M Katju)
if on the basis of material on record the Court could form an opinion that the accused might have committed offence it can frame the charge, though for conviction the conclusion is required to be proved beyond reasonable doubt that the accused has committed the offence.
At the time of framing of the charges the probative value of the material on record cannot be gone into, and the material brought on record by the prosecution has to be accepted as true at that stage. Before framing a charge the court must apply its judicial mind on the material placed on record and must be satisfied that the commitment of offence by the accused was possible. Whether, in fact, the accused committed the offence, can only be decided in the trial.
Here is the judgment from Justice S.B.Sinha in this same case.
Shades of Knife
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