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Supreme Court Of India

(From : 2007 (3) Ker LT 495)

Hon'ble Judge(s): P. Sathasivam, H. L. Dattu , JJ

(A) Criminal P.C. (2 of 1974) , S.227— Discharge - Court empowered to discharge accused if two views are possible and one of them gives rise to suspicion only, as distinguished from grave suspicion - Whether trial will end in conviction or acquittal - Not relevant at this stage. (Para 10 22) (B) Criminal P.C. (2 of 1974) , S.227, S.228— Discharge - Words "not sufficient ground for proceeding against the accused" - Clearly show that Judge is not a mere Post Office to frame the charge at the behest of prosecution - But has to exercise his judicial mind to facts of case in order to determine whether a case for trial has been made out by prosecution. The words "not sufficient ground for proceeding against the accused" clearly show that Judge is not a mere Post Office to frame the charge at the behest of the prosecution, but has to exercise his judicial mind to fact of case in order to determine whether a case for trial has been made out by prosecution. In assessing this fact, it is not necessary for the Court to enter into the pros and cons of the matter or into a weighing and balancing of evidence and probabilities which is really the function of the Court, after the trial starts. At the stage of S. 227 the Judge has merely to sift....