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Supreme Court of India 2019-04-15 allowed

Bihari Lal vs State of Rajasthan & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The Supreme Court reversed the discharge of three accused persons from charges of Attempt to Murder (Section 307 IPC) at the charge-framing stage. The Additional Sessions Judge and High Court had examined medical reports and found inconsistencies, concluding no prima facie case existed. The Supreme Court held that at the charge-framing stage, courts should only conduct a threshold examination and cannot appreciate evidence in detail or assess credibility. The mere presence of medical reports on the charge sheet was sufficient to establish a prima facie case. The court directed the trial judge to frame charges and proceed to trial, where accused persons could challenge the evidence on merits.

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Criminal Procedure Attempt to Murder Charge Framing Evidence at Trial Indian Penal Code

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