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
Applying these tests in-relation to the order of framing charges, the
Apex Court further observed that "the order of framing charges is purely
that the weapon bearing No. 16120790, which was mentioned in the charges against the accused to have been used by him for the commission ... time of framing of the charges clearly indicate that the firing pin impression on the test cartridge fired through the pistol bearing No. 16236901, which
withdrawing prosecution in a
Sessions Trial arising out of heinous and grave charges invite a decision
to be delivered in public interest ... lift the prosecution of a crime
involving heinous and grave charges requires to be tested by a
Constitutional Court in appropriate circumstances. In this connection
Vijay Singh vs State Of Uttar Pradesh on 26 May, 2017
Author: Ajai Lamba
Bench
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
against the appellant, which contained ample material
against the appellant to frame charges. The supplementary
chargesheet also included material relating to the recovery ... proceed
against him on the basis of the supplementary chargesheet, Test
Identification Parade, Forensic Science Laboratory report and
statements of witnesses recorded under Section
Court below on its con-
sideration of the evidence is erroneous.
Tested in the light of the above principles, it must be
held that ... order of the learned Sessions Judge
acquitting the appellants of all the charges framed against
them.
M.L.A. Appeal
allowed
been given the benefit of doubt in the criminal trial, the
charges against him stood established. He was dismissed from service. The appeal
preferred ... that:
(i) In a disciplinary enquiry involving a charge of misconduct, the test is whether
the charge is established on a ‘preponderance of probabilities’ unlike
fingerprints were examined, the seized
articles were sent for chemical and DNA test and permission for prosecution
was taken.
6. After conclusion of investigation ... Section 25 , 27 of Arms Act. The trial court framed charges against the
accused under Sections 397/ 34 in alternative
