Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scope of exercise of power at the stage of framing of charge Cr.P.C ss.227 228 Crime against women |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973: ss.227, 228 – Scope of exercise of power at the stage of framing of charge – In the instant case, appellant-original accused was facing trial for offences under ss.354, 354A, 354B, 341, 342, 376(2)(f) and 376(2)(k), IPC – Charge sheet filed by Investigating officer – Sessions Judge ordered charges to be framed against the appellant for offences under the aforesaid sections – Appellant filed revision application before the High Court – High Court dismissed the revision application and refused to discharge the appellant of charged offences – Hence the appeal – Discharge was sought on the ground that in the present case, both, the informant and the Investigating Officer were same and, therefore, entire criminal proceedings were vitiated – Reliance was placed upon the decision of this Court in Mohan Lal v. State of Punjab (2018) 17 SCC 627 – Held: The submissions made on behalf of the appellant are on merits and are required to be dealt with and considered at an appropriate stage during the course of trial – Some of the submissions made on behalf of the appellant on the conduct of the victim/prosecutrix also are required to be dealt with and considered at an appropriate stage during trial – The same are not to be considered at the stage of framing of the charge – There is ample material against the appellant and, therefore, trial court rightly framed charge against him and the same is rightly confirmed by High Court – No interference called for – Further held that appellant shall not be discharged on the ground that in the present case, both, the informant and the Investigating Officer are same, as decision of this Court in Mohan Lal case shall not be applicable as in the present case proceedings were initiated prior to the decision in Mohan Lal case – No interference called for – Trial court directed to conclude the trial at the earliest – Penal Code, 1860 – ss.354, 354A, 354B, 341, 342, 376(2)(f) and 376(2)(k) – Crime against women. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 918 |
Petitioner | Tarun Jit Tejpal |
Respondent | The State Of Goa & Anr. |
SCR | [2019] 10 S.C.R. 675 |
Judgement Date | 2019-08-19 |
Case Number | 1246 |
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