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    <title>1997 (3) TMI 616 - Supreme Court</title>
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    <description>At the discharge and charge-framing stage under Sections 227 and 228 CrPC, the court must only assess whether the record, taken at face value, discloses the ingredients of the offences and a prima facie ground for presuming commission; it must not weigh evidence as at trial. The Supreme Court held that the High Court went beyond this limited enquiry by treating the material as unreliable, drawing adverse inferences from delay and the prosecutrixes&#039; conduct, and insisting on independent corroboration before trial. The correct test is prima facie satisfaction, not probable conviction. The discharge was therefore unsustainable and the matter was required to proceed to trial, with the Sessions Court free to consider alteration or amendment of charge in accordance with law.</description>
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    <pubDate>Tue, 11 Mar 1997 00:00:00 +0530</pubDate>
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      <title>1997 (3) TMI 616 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=189424</link>
      <description>At the discharge and charge-framing stage under Sections 227 and 228 CrPC, the court must only assess whether the record, taken at face value, discloses the ingredients of the offences and a prima facie ground for presuming commission; it must not weigh evidence as at trial. The Supreme Court held that the High Court went beyond this limited enquiry by treating the material as unreliable, drawing adverse inferences from delay and the prosecutrixes&#039; conduct, and insisting on independent corroboration before trial. The correct test is prima facie satisfaction, not probable conviction. The discharge was therefore unsustainable and the matter was required to proceed to trial, with the Sessions Court free to consider alteration or amendment of charge in accordance with law.</description>
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      <pubDate>Tue, 11 Mar 1997 00:00:00 +0530</pubDate>
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