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Raghav Arora   03 February 2020

Discharge of an accused

This is the answer (Below) that one of the learned members gave on https://www.lawyersclubindia.com/articles/Discharge-of-an-Accused-in-a-Criminal-Case-10945.asp and I am totally confused as to what shall be the actual proceeding in such a case.

The learned K Rajasekharan, is absolutely wrong with whatever example he may have quoted, but the fact is that, if the name of the accused appears in the investigation report/charge sheet, then he will not be discharged even if he at the time of the alleged crime was on the moon. Because at the time of framing charges either in writing for Warrant cases, or verbally told for the Summons cases, the evidence of the accused is not considered, but only the contents of the investigation report/charge sheet. The evidences of the accused are considered only during Trial. On the other hand the illegal or faulty Investigation/investigation report of the police, will also not help the accused.


 1 Replies

Vinit Nair (Advocate Vinit Nai   06 February 2020

There is a supreme court judgement, (Nitya Dharmananda case) in which the apex court have observed that if there is a material which is not the part of chargesheet and which is of "Sterling Quality" which is been withheld by the prosecutor or either i.o, then the court can either summon it or can rely upon the material or document which is not the part of chargesheet.

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