Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, duty of Court is to verify prosecution records to see whether prima facie offence is made out or at least a strong suspicion to frame charge, though a mere suspicion would not suffice the requirement...........
Criminal Procedure Code, 1973, Section 227, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Discharge - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Complainant made specific allegation against accused that he abused her by calling her caste name in public place - Mere fact that in the statement of other witnesses no..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of consideration of application for discharge, trial Court is not required to conduct mini trial but sift through prosecution material and if on probative evaluation of same, prima facie case for prosecution is indicated, application for discharge would not sustain...........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - Court has to apply its mind at the time of framing charges not in great detail but by providing brief reasons in support of its opinion...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Postmortem report by itself cannot be made sole basis for discharge of accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Fact as to whether version given by eye witnesses is correct or not in the light of post mortem report and opinion with regard to cause of death can be adjudicated upon only during trial - No other relevant material has been produced on record to..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - If material available on record prima facie does not constitute alleged offence then accused should be discharged and not otherwise...........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Offence u/Ss.304B, 498A, 34 IPC - Discharge - Post-mortem report on record suggested that deceased died due to pneumonia - Further, complainant failed to provide any specific incident of harassment of deceased and any date or proof of giving money to accused - Moreover,..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - Discharge - Prosecutrix made a consistent case in her complaint and statement recorded u/s.164 Cr.P.C. that accused under the pretext of promise to marry continued to have sexual relationship with prosecutrix despite knowing from inception that inter-caste marriage was not..........
Indian Penal Code, 1860, Section 328, Criminal Procedure Code, 1973, Section 227 -- Administration of stupefying substance - Discharge - Nothing on record substantiates the claim of the prosecutrix that she had been administered any stupefying or unwholesome substance to attract the offence of S.328 IPC - Order of discharge for offence u/s 328 IPC upheld...........
