Framing of Charges

Framing of Charges

S.227 & S.482--Framing of Charges--Quashing--Where charges were framed without any material on record and they are quashed then only those charges are to be quashed which were wrongly framed and not the entire proceedings.

Rape Charges--Quashing--Charge sheet

S.227 & S.482--Framing of Charges--Rape--Quashing--Charge sheet was filed for offences u/s 376, 511 and 294 IPC--And charges were framed accordingly--High Court found that there was no material on record with regard to offence u/s 376 IPC therefore charges u/s 376 IPC could not be framed--High Court quashed entire proceedings--Held; only charge u/s 376 IPC was to be quashed and not entire proceedings--Order of quashing of charges u/s 376 IPC upheld and order of quashing other charges set aside--Matter remanded to Session Judge--Indian Penal Code, 1860, S.376, S.511 & S.294.

 Prospects of conviction

S.227--Framing of Charges--At this stage there is no requirement to formulate an opinion about prospects of conviction--Only the test of a prima facie case is to be applied and not the standard of test regarding guilt of the accused is to be seen--The court has to be satisfied only about the prima facie existence of the factual ingredients constituting the offence.

Dowry Death--Murder--Trial Court

S.227--Framing of Charge--Dowry Death--Murder--Trial Court is required only to look into the evidence which has been collected during investigation and on that basis, it shall frame the charge either under Section 304B or 302 IPC and not as an alternative--If the evidence comes subsequently, the trial Court will be at liberty to amend the charge at that stage--Indian Penal Code, 1860, S.304-B & S.302.

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