Excelsior Correspondent
JAMMU, Feb 17: Principal Sessions Judge Poonch Jaffer Hussain Beigh has discharged Sher Baz, son of Sultan Mohd of tehsil Mandi in district Poonch, who was booked by the Police under Section 436 RPC.
“The court is aware that at this stage even strong suspicion of probability of existence of allegations prima facie justified by the material on record is sufficient to charge the accused. The standard of test, which is to be applied to test the prosecution case at the conclusion of the trial, has not exactly to be applied at the stage of charge but at the same time the court has also a duty to prevent abuse of process of law and to safe guard the fairness of justice”, Principal Sessions Judge said.
“It is equally true that if the evidence which the prosecutor proposes to adduce to prove the guilt of the accused even if fully accepted before it is challenged in cross-examination or rebutted by the defence evidence, cannot show that the accused committed any offence, then there will be no sufficient ground for proceeding with the trial”, he said.
“Though this court has limited powers at the stage of framing of charge against the accused but the question is that when there is absolutely no evidence against the accused which would connect him with the commission of crime, the court cannot close its eyes and frame charge against him without being there any material for the same”, Principal Sessions Judge said.
With these observations, court discharged the accused.
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