Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act Framing of charges 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Prevention of Corruption Act, 1988 (49 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Prevention of Corruption Act, 1988: ss. 13(1)(d)(i) and 13(1)(d)(ii) r/w s.120-B IPC – Appellants- accused were charged for offences punishable u/ss.120-B, 409, 420, 465 and 471 IPC and ss.13(1)(d)(i) and 13(1)(d)(ii) of Prevention of Corruption Act, 1988 r/w s.120-B IPC – High Court discharged the accused u/ss. 120-B, 409, 420, 465 and 471 IPC, while upholding the charges u/ss. 13(1)(d)(i) and 13(1)(d)(ii) of Prevention of Corruption Act r/w s.120-B IPC – On appeal, held: Considering the facts of the case in a holistic manner, there was no error in framing charges as suggested by the High Court. Code of Criminal Procedure, 1973: s.227 – Framing of charges – Court while framing charges should apply the prima facie standard – The standard depends on facts of each case – A prima facie case against the accused is said to be made out when the probative value of the evidence on all the essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of the facts pertaining to such essential elements or to consider its existence so probable that a prudent man ought to act upon the supposition that those facts existed or did happen – However, at this stage, there cannot be a roving enquiry into the pros and cons of the matter and the evidence cannot be weighed. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2018 INSC 28 |
Petitioner | Mauvin Godinho |
Respondent | State Of Goa |
SCR | [2018] 1 S.C.R. 821 |
Judgement Date | 2018-01-17 |
Case Number | 315 |
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