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1 - 10 of 17 (0.21 seconds)Section 120B in The Indian Penal Code, 1860 [Entire Act]
Sheoraj Singh Ahlawat & Ors vs State Of U.P.& Anr on 9 November, 2012
In this regard, it is worthwhile to notice the judgment of the Hon'ble Supreme Court reported in 2013(11) SCC 476 (Sheoraj Singh Ahalwat Vs. State of U.P), wherein it has been held that while framing charges, Court is required to evaluate the materials and documents on record to decide as to whether the facts emerging therefrom taken at their face value, would disclose existence of ingredients constituting the alleged offence; at this stage, the Court is not required to go deep into the probative value of materials on record; it needs to evaluate as to whether there is a ground for presuming that the accused had committed the offence; but, it should not evaluate the sufficiency of evidence to convict the accused; even if there is a grave suspicion against the accused and it is not properly explained or Court feels that the accused might have committed the offence, then framing of charges against the accused is justified and it is only for conviction of accused that the materials must indicate that the accused had committed the offence, but for framing of charges, if the materials indicate that the accused might have committed the offence, then framing of charge is proper.