salim pathan (llb) 08 July 2020

discharge u/s 239

Merely because accused has not filed discharge application under section 239 of crpc, can he be held guilty?? if not please share supportive authorities please

thanks

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This discussion questions whether an accused can be found guilty solely because they did not file a discharge application under Section 239 of the Criminal Procedure Code (CRPC). The original post describes a trial court that convicted an accused, partly reasoning that the accused's failure to file for discharge and take action against the complainant implied guilt. However, the consensus suggests that conviction must be based on evidence presented by the prosecution, not on the absence of a discharge application.

3 Replies

P. Venu (Advocate) 11 July 2020

What are the facts? What is the context?

salim pathan (llb) 11 July 2020

sir, the trail court held guilty to the accused under section 409 of IPC, the accused has made allegations on complaint, and trial court held that, if the accused is innocent he could has filed discharge application, and also could has taken legal action against complaint, and accordingly convicted accused by these reasonings