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Onkar Nath Mishra & Ors vs State (Nct Of Delhi) & Anr on 14 December, 2007

In the recent judgment Onkar Nath Mishra & Ors. vs. State (NCT of Delhi) & Anrs. 2008 (1) JCC 65 the Hon'ble Supreme Court observed "It is true that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all the ingredients constituting the alleged offence. At this stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out. At that stage, even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence".
Supreme Court of India Cites 15 - Cited by 485 - D K Jain - Full Document
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