basis of suspicion
the charges may be framed. It is submitted that veracity of the witnesses
can be tested during trial only ... this Court
for the above said charges."
37. The aforesaid impugned order may also be tested on the basis of
law laid down
there is no
victimization because of that. The allegations levelled will be tested in
trial and at this stage considering the Application for Bail only ... pending at the
stage of prosecution evidence. The charges against the applicant would
be tested at the time of trial.
18. At this stage, when
illegal, the test being, not what the prosecution has proved in the end, but what is alleged at the beginning of the charges
view of the above, the prosecution has failed to prove the
charges for the offences u/s 23 PNDT ... charges for the offences u/s 25 PNDT Act qua
accused Amrit Garg, firstly, it is to be proved whether the Ultrasound
Test of accused
Vijay Singh vs State Of Uttar Pradesh on 26 May, 2017
Author: Ajai Lamba
Bench
judis
6
13.But at the same time, framing of charges and
the statement of the witnesses under section 161 Cr.P.C
alone ... available by the prosecution, the
veracity of those witnesses statement can be tested only
during the course of cross examination.
14.The next judgment relied
compatible with the innocence of the
accused or not. The final test of guilt is not to be applied at
that stage.
(Downloaded ... facie.
30. Applying the above tests, we are of the
considered opinion that High Court erred in quashing
the charges framed by the order dated
follows:-
"Para-39:- The court while considering the question
of framing charges under Section 227 CrPC has the
5
power to sift and weigh ... prima facie
case has been made out against the accused. The test
to determine prima facie case would depend upon the
facts of each case
same has to be tested in trial
and already witness summons has been issued and
charges has been framed and trial date is also fixed
Ashok Narang vs State on 12 January, 2012
Author: Suresh Kait
Bench: Suresh Kait
* IN
