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1 - 10 of 29 (0.69 seconds)Section 228 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 226 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 239 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Section 286 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Maharashtra Etc. Etc vs Som Nath Thapa, Etc. Etc on 12 April, 1996
In State of Maharashtra v. Som Nath Thpa, (1996) 4 SCC 659, a
three-Judge Bench of ths Court explained the meaning of the
word "presume". Referring to the dictionary meanings of the said
word, the Court observed thus:
State Of T.Nadu Tr.Insp.Of Police vs N Suresh Rajan & Ors on 6 January, 2014
In State of T.N. v. N. Suresh Rajan, (2014) 11 SCC
709, adverting to the earlier decisions on the subject, this
Court held: (SCC pp. 721-22, para 29)
"29. ... At this stage, probative value of the materials has to
be gone into and the court is not expected to go deep into
the matter and hold that the materials would not warrant a
conviction. In our opinion, what needs to be considered is
whether there is a ground for presuming that the offence
has been committed and not whether a ground for
convicting the accused has been made out. To put it
differently, if the court thinks that the accused might have
committed the offence on the basis of the materials on
record on its probative value, it can frame the charge;
though for conviction, the court has to come to the
conclusion that the accused has committed the offence. The
law does not permit a mini trial at this stage."