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Tag: Grave Suspicion Against Accused

S.Muralidharan Vs State by Inspector of Police on 3 May, 2018

Posted on June 2, 2018 by ShadesOfKnife

Madras High Court delivered this judgment dismissing the revision petition filed by accused to set aside a charge made against him.

 

20. The charge should contain the name of the offence, if the law which creates the offence gives any specific name or if no specific name is given, the definition of the offence must be stated. The law and section against which the offence is said to have been committed to be mentioned in the charge. Wherever necessary, the time and place of offence and the person against whom the offence committed should be mentioned. If necessary, the manner in which the offence committed should be mentioned. The Court while frame charge should take all endeavour that the accused against whom the charge is framed shall have sufficient notice of the matter with which he is charged. The charge so framed shall not mislead the accused. The omission or error in the content of the charge shall not be material, leading to failure of justice.

 

S.Muralidharan Vs State by Inspector of Police on 3 May, 2018
Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 211 - Contents of charge CrPC 212 - Particulars as to time place and person CrPC 213 - When manner of committing offence must be stated CrPC 215 - Effect of Errors CrPC 216 - Court May Alter Charge Grave Suspicion Against Accused Power Court To Alter Charge S.Muralidharan Vs State by Inspector of Police | Leave a comment

Soma Chakravarty vs State Through CBI on 10 May, 2007 (S B Sinha)

Posted on June 2, 2018 by ShadesOfKnife

Justice S.B. Sinha has the follow judgment on the Soma Chakravarty case.

 

Charge may although be directed to be framed when there exists a strong suspicion but it is also trite that the court must come to a prima facie finding that there exists some materials therefor. Suspicion cannot alone, without anything more, it is trite, form the basis therefor or held to be sufficient for framing charge

 

Soma Chakravarty vs State Through CBI on 10 May, 2007 (S B Sinha)

 

Here is the judgment from Justice Markandey Katju in this same case.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Grave Suspicion Against Accused Material On Record To Frame Charge Soma Chakravarty vs State Through CBI | Leave a comment

P.Vijayan Vs State of Kerala and Anr on 27 January, 2010

Posted on June 2, 2018 by ShadesOfKnife

Again in this Supreme Court Judgment, it is affirmed that…

Section 227 in the new Code confers special power on the Judge to discharge an accused at the threshold if upon consideration of the records and documents, he find that “there is not sufficient ground” for proceeding against the accused. In other words, his consideration of the record and document at that stage is for the limited purpose of ascertaining whether or not there is sufficient ground for proceeding against the accused. If the Judge comes to a conclusion that there is sufficient ground to proceed, he will frame a charge under Section 228, if not, he will discharge the accused. This provision was introduced in the Code to avoid wastage of public time which did not disclose a prima facie case and to save the accused from avoidable harassment and expenditure.

From Para 10,

If two views are possible and one of them gives rise to suspicion only, as distinguished from grave suspicion, the Trial Judge will be empowered to discharge the accused and at this stage he is not to see whether the trial will end in conviction or acquittal. Further, the words “not sufficient ground for proceeding against the accused” clearly show that the Judge is not a mere Post Office to frame the charge at the behest of the prosecution, but has to exercise his judicial mind to the facts of the case in order to determine whether a case for trial has been made out by the prosecution. In assessing this fact, it is not necessary for the Court to enter into the pros and cons of the matter or into a weighing and balancing of evidence and probabilities which is really the function of the Court, after the trial starts. At the stage of Section 227, the Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding against the accused. In other words, the sufficiency of ground would take within its fold the nature of the evidence recorded by the police or the documents produced before the Court which ex facie disclose that there are suspicious circumstances against the accused so as to frame a charge against him.

… And

It was pointed out that the confession of Constable Ramachandran Nair is inadmissible since this confession is made by an accused which cannot be used against a coaccused except for corroboration that too in a case where both accused are being tried jointly for the same offence.

 

P.Vijayan Vs State Of Kerala & Anr on 27 January, 2010

Citations: [2

Other Source links:


Index of Discharge Judgments u/s 227 Cr.P.C. is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 227 - Discharge Rejected Grave Suspicion Against Accused P.Vijayan Vs State Of Kerala and Anr Work-In-Progress Article | Leave a comment

Amar Kumar @ Guddu Vs The State Of Bihar & Anr on 3 April, 2014

Posted on June 2, 2018 by ShadesOfKnife

Hon’ble Patna High Court delivered this judgment finding that Grave suspicion exists against the accused hence his S227 CrPC application is rejected.

Amar Kumar @ Guddu vs The State Of Bihar & Anr on 3 April, 2014

 

Posted in High Court of Patna Judgment or Order or Notification | Tagged Amar Kumar @ Guddu Vs The State Of Bihar and Anr CrPC 227 - Discharge Rejected Grave Suspicion Against Accused | Leave a comment

Sajjan Kumar Vs C.B.I on 20 September, 2010

Posted on June 2, 2018 by ShadesOfKnife

This judgment from Supreme Court affirms that a prima facie finding of sufficient material showing grave suspicion is enough to frame a charge. This case is related to Mr. Sajjan Kumar Member of Parliament.

Comments by Judges from Para 16:

A Magistrate enquiring into a case under section 209 of the Cr.P.C. is not to act as a mere Post Office and has to come to a conclusion whether the case before him is fit for commitment of accused to the Court of Session.

From Para 17,Following principles have emerged

 

(i) The Judge while considering the question of framing the charges under Section 227 of the Cr.P.C. has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. The test to determine prima facie case would depend upon the facts of each case.
ii) Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained, the Court will be fully justified in framing a charge and proceeding with the trial.
iii) The Court cannot act merely as a Post Office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities etc. However, at this stage, there cannot be a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial.
iv) If on the basis of the 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.
v) At the time of framing of the charges, the probative value of the material on record cannot be gone into but before framing a charge the Court must apply its judicial mind on the material placed on record and must be satisfied that the commission of offence by the accused was possible.
vi) At the stage of Sections 227 and 228, the Court is required to evaluate the material and documents on record with a view to find out if the facts emerging therefrom taken at their face value discloses the existence of all the ingredients constituting the alleged offence. For this limited purpose, sift the evidence as it cannot be expected even at that initial stage to accept all that the prosecution states as gospel truth even if it is opposed to common sense or the broad probabilities of the case.
vii) If two views are possible and one of them gives rise to suspicion only, as distinguished from grave suspicion, the trial Judge will be empowered to discharge the accused and at this stage, he is not to see whether the trial will end in conviction or acquittal.

Sajjan Kumar Vs C.B.I on 20 September, 2010

Citations: [2011 PLJR 1 33], [2011 ALLSCR 0 24], [2010 SCC 9 368], [2010 MWN CR 3 325], [2011 MLJ CRI 1 552], [2011 AIR SC 3730], [2010 CCR 4 37], [2010 SLT 6 753], [2011 CUTLT SUPPL 252], [2010 AIOL 625], [2010 JT 10 413], [2010 SCALE 10 22], [2010 SCC CRI 3 1371], [2010 AIC 95 115]

Other Source links: https://indiankanoon.org/doc/68365/ and https://www.casemine.com/judgement/in/5609aee3e4b0149711415065


Index of Discharge Judgments u/s 227 Cr.P.C. is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 227 - Discharge CrPC 227 - Exercise of Judicial Mind Grave Suspicion Against Accused Sajjan Kumar Vs C.B.I Work-In-Progress Article | Leave a comment

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