In Brief
In this criminal appeal, the Supreme Court examined whether charges against Rakesh Kumar Gupta could be set aside by the High Court on the basis that he was not named in the original FIR but was only identified later when seen in police custody. The Court held that contemporary documentary evidence—a fax message sent on the date of the incident and supplementary statements—naming the respondent established a prima facie case. At the charge-framing stage, courts cannot determine the veracity of allegations or assess witness credibility; those are trial matters. The High Court erred in speculating about what the complainant knew beforehand. The appeal was allowed, charges were restored, and the trial was ordered expedited.
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