paragraph No.11 “It may be mentioned that the settled legal position as mentioned in the above decisions, is that if on the basis of the material on record, the Court would form an opinion that the accused might have committed an offence, it can frame the charge, though for conviction the conclusion is required to be proved beyond reasonable doubt that the accused has committed the offence. At the time of framing of the charges, the probative value of the material on record cannot be gone into, and the material brought on record by the prosecution has to be accepted as true at that stage. Before framing a charge the court must apply its judicial mind on the material placed on record and must be satisfied that the commitment of the offence by the accused was possible. Whether in fact the accused committed the offence, can only be decided in the trial. “
Soma Chakravarty vs State Through Cbi on 10 May, 2007 SC Appeal (crl.) 710 of 2007
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- Post published:December 16, 2021
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