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STATE OF M P V/S S B JOHARI AIR 2000 SC 665== At the stage of framing charge, trial court is not required to marshal materials on record but only has to prima facie consider whether there is sufficient materials against the accused . it is settled law that at the stage of framing the charge the court has to prima facie consider whether there is sufficient ground for proceeding against the accused. The court is not required to evaluate the evidence and arrive at the conclusion that the materials produced are sufficient or not for conviction of the accused. The charge can be quashed if the evidence which the prosecutor proposes to produce to prove the guilt of the accused, even if only accepted or it is challenged by cross-examination or rebutted by defence evidence if any, cannot show that accused committed the particular offence. In such case there would be no sufficient ground for proceeding with the trial.
STATE OF M.P. V / S RIKHI RAM 1991 J.L.J.477 session court is not supposed to enter into the prose and cons of the matter or into weighing and balancing of evidence and probabilities, it may evaluate the material to find out if the facts taken at their face value establish the ingredients on the offense alleged., truth veracity and effect of evidence proposed to be adduced not to be judged nor any weight to be attached to the probable defense of the accused at this stage sessions judge has to exercise its judicial mind to the case
Even in the cases triable exclusively by the court of Sessions,arguments on charge can be heard and charge can be framed in the absence of the accused, advocates appearing for the defence cannot lawfully refuse to argue the case on the question of framing of charge on the ground that the accused has not been produced from the jail
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Copyright © 2001 rajeev bhatjiwale
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