Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether, after an enquiry under Section 244 of the Code of Criminal Procedure, 1973, the Magistrate was justified in discharging the accused under Section 245 of the Code of Criminal Procedure, 1973, and whether the materials disclosed a case which, if unrebutted, would warrant conviction.
Analysis: The scope of consideration under Section 245(1) differs from the preliminary scrutiny under Sections 203 and 204. After evidence is recorded under Section 244, the Magistrate must decide whether the materials disclose a case which, if unrebutted, would warrant conviction, and not mechanically proceed on the mere existence of admissible evidence. The Court held that the stage does not permit weighing evidence in golden scales, but it does require an application of mind to the probative value of the materials and the broad probabilities of the case. On the facts, the complaint was delayed by more than two months, the complainant's version was marked by inherent improbabilities, and the evidence of the supporting witnesses was also found uninspiring and unreliable.
Conclusion: The discharge was upheld, as the materials did not establish a case which, if unrebutted, would warrant conviction.