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Supreme Court of India 2019-08-19 dismissed

TARUN JIT TEJPAL vs THE STATE OF GOA

Bench: 3 — Arun Mishra, M. R. Shah, B. R. Gavai

In Brief

Tarun Jit Tejpal, facing trial for sexual assault offences under the IPC including unlawful confinement and rape, challenged the framing of charges by the trial court. He argued that the complainant being also the investigating officer vitiated the proceedings, relying on a recent Supreme Court decision. The Supreme Court dismissed his appeal, holding that while the dual role of complainant-investigator affects credibility at trial, it does not vitiate proceedings at the charge-framing stage. The Court affirmed that at this preliminary stage, only a prima facie case is required—whether ground exists for presuming the accused committed the offence, not proof sufficient for conviction.

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Criminal Law Sexual Assault Charge Framing Criminal Procedure Prosecution Standards

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