Joseph vs Kurian on 1 March, 2021
21. The quality of depth and consideration at the stage of
Section 245 of the Code cannot be approximated to the same
quality and consideration at the stage of entering conviction.
What is required at that stage is not evidence to prove that the
accused has committed the offence. Only prima facie material to
presume, is enough. Proof comes later. Discharge need to be
made, only if no case is made out on the material before the
court, if it stands unrebutted. Rebuttal on grounds of law and
Crl.R.P.No.143/2016
10
facts, is for a later stage (See Jacob Thomas v. Assistant
Collector of Customs : 1988 (1) KLT 741).