Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: SC No.17/2023
State Vs. Sayed Mohd. Umar
03.05.2023
Present : Sh. Rakesh Kumar Mehta, Ld. Chief PP for the
State.
Accused is present on bail with Ld. Counsel Sh.
Akhil Anand.
I have heard Ld. Chief PP for the State as well as
Ld. Counsel for the accused on the point of charge, and perused
the chargesheet, the statements recorded under Section 161 Cr.PC
and other materials available on record.
Ld. Counsel for accused submits that the accused
has been falsely implicated in this case as he was not present at
the spot on the day of alleged incident. It is further submitted that
as per the chargesheet the time of the alleged incident is 10:40
am whereas the MLC of the victim was conducted on 10:30 am
i.e. prior to happening of the alleged incident.
On the other hand, Ld. Chief PP for the State has
argued that allegations against the accused are not general but
specific and prima facie case is made out against him as per the
FIR and statement of complainant/victim for offences U/s 308
IPC. With respect to timing of the MLC of the victim prior to
happening of the incident, it is submitted by Ld. Chief PP for the
State that it is a triable issue and can be decided only after
appreciation of evidence.
It is a settled law that at the stage of consideration of
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framing of charge, the Court is not required to meticulously
judge the truth, veracity and effect of evidence which the
prosecution proposes to adduce nor weight is attached to the
probable defence of the accused. The Court is not required to
assess if there is sufficient ground for conviction or whether the
trial is definitely going to end in the conviction of the accused. It
is only to be considered if there is a strong suspicion which leads
the Court to think that there are grounds for presumption that the
accused had committed an offence.
In view of the above arguments and also the
statement of the complainant/victim and other materials available
on record, prima facie, charge under Section U/s 308 IPC is made
out against the accused and as such, charge is accordingly
framed. The accused has pleaded not guilty to the charge and
claimed trial.
Put up for PE on 07.06.2023.
Let the complainant/victim be summoned for next
date of hearing.
(SHAIL JAIN)
Principal District & Sessions Judge
Shahdara, KKD Delhi/03.05.2023
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