Document Fragment View

Matching Fragments

5. I have carefully gone through the impugned order passed by ld. Addl. Sessions Judge and discussion on factual as well as on legal aspect made in para-11, 12 & 13 & 14 of the order. Ld. Judge has referred the decision in the case of L.K. Advani & Ors. v/s Central Bureau of Investigation, reported in 1997(4) Crimes P.1 (Delhi High Court) and has quoted relevant observations made in para-44 of the said decision which are reproduced herein below for the sake of brevity and convenience:-

"44. It is manifest from the above that the charges can be framed against an accused person only in those discerning few cases where the Court comes to the conclusion that the prosecution has shown a prima facie case against the accused and there is evidence before the Court which is capable of being converted into legal evidence later on during the subsequent proceedings after the framing of the charges. The matter with regard to the framing of the charges came up for consideration in a catena of authorities wherein time and again it was observed that the prosecution must show a prima facie case against the accused in order to enable the Court to frame a charge against him. If the evidence before the Court is of such type which if unrebutted and un-challenged by way of cross-examination, would not be sufficient enough to convict the accused ultimately then the Court would not be justified in framing the charge against the accused. The Court at that stage is under no obligation to make an elaborate enquiry by shifting and weighing the material to find out a case against the accused beyond a reasonable doubt which it is required to do at the time of final hearing. The Judge at that preliminary stage is simply required to find out that there was material which may lead to the inference that the accused has committed an offence. Thus, the charge can be framed by the Court against an accused if the material placed before it raises a strong suspicion that the accused has committed an offence. In other words, the Court would be justified in framing the charges against an accused if the prosecution has sown the seed in the form of the incriminating material which has got the potential to develop itself into a full-fledged tree of conviction later on."