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Bihari Lal v. The State of Rajasthan & Ors.

Criminal Appeal · 2019 INSC 528Decided 15 Apr 2019
Criminal Appeal No. 676 of 2019
Justice Abhay Manohar Sapre · Justice Dinesh Maheshwari

Background

The accused (respondent Nos. 2-4) were facing prosecution for various offences including attempt to murder under Section 307 IPC. The Additional Sessions Judge, after examining medical reports filed with the chargesheet and finding inconsistencies in them, discharged the accused from the Section 307 IPC charge while framing charges for the other, lesser offences. The complainant's criminal revision against this discharge was dismissed by the Rajasthan High Court, leading to this appeal before the Supreme Court.

Decision Breakdown

The Supreme Court held that both the Sessions Court and the High Court had erred by evaluating and finding fault with the medical evidence at the charge-framing stage itself, when that kind of detailed appreciation of evidence is only appropriate once the prosecution leads evidence and the doctors are examined at trial. On a mere prima facie reading of the medical reports, the Court found that a case under Section 307 IPC was indeed made out, and therefore allowed the appeal, set aside the discharge order, and directed the trial court to frame the charge under Section 307 IPC as well, while clarifying that the accused remain free to argue after the evidence is led that no case is made out against them.

Lesson Learnt

At the stage of framing criminal charges, courts should only assess whether a prima facie case exists on the material on record, not conduct a detailed, trial-like evaluation of the evidence's reliability or internal inconsistencies: that scrutiny belongs at the trial stage after evidence is actually led.

Official source (sci.gov.in)View Judgment (PDF)

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