Court Not Obligated To Frame Charges If Offences Are Not Made Out From Admitted Evidence Of Prosecution: Supreme Court
Case: SHASHIKANT SHARMA vs. THE STATE OF UTTAR PRADESH
Coram: Justices P.S. Narasimha and Sandeep Mehta
Case No.: Diary No.- 16199 – 2023
Court Observation: “…there is also a long line of precedents that from the admitted evidence of the prosecution as reflected in the documents filed by the Investigating Officer in the report under Section 173 CrPC, if the necessary ingredients of an offence are not made out then the Court is not obligated to frame charge for such offence against the accused,”
“From a bare perusal of the provision, it is crystal clear that for the above offence to be constituted, there must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community.’”
“From a bare perusal of the provision, it is crystal clear that for the above offence to be constituted, there must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community.’”
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Court Not Obligated To Frame Charges, Supreme Court
