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“Section 330(3) of CrPC mandates the Court to carefully consider the nature of the act committed, assess the degree of the mental condition, seek medical opinion, and then, only upon being satisfied, release the accused with adequate safeguards or refer him to a designated facility equipped to provide necessary care and rehabilitation.”
“The definition of ‘rape’ excludes acts between a man and his wife, not below the age of fifteen years, performed during the subsistence of a valid marriage.”
While framing of charges, the Court ought to look at the limited aspect of whether, given the material placed before it, there is grave suspicion against the accused which is not properly explained. Though, for the purpose of conviction, the same must be proved beyond reasonable doubt.
Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.
“The High Court should have intervened and discharged the appellants. But this Court will intervene, being the sentinel on the qui vive.”
Supreme Court: The bench of MR Shah and bela M. Trivedi, JJ assembled on Saturday to hear the appeal against the Bombay
Ultimately, upon appreciation of the entire evidence on record at the end of the trial, the trial court may take one view or the other i.e. whether it is a case of murder or case of culpable homicide. But at the stage of framing of the charge, the trial court could not have reached to such a conclusion merely relying upon the port mortem report on record.
Delhi High Court: Sanjeev Sachdeva, J., upheld the order of the trial court discharging the respondent who was accused of committing offences punishable