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prof s c pratihar ( urologist &legal studies)     28 August 2008

framing of charges by sessions judge

crpc226--duty cast son the sessions judge to go through the materials on records and not evidence while framing charges.but in true sense he unconsciously adheremuch to evidence.am i correct?pl discuss and enlight.drscpratihar


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prof s c pratihar ( urologist &legal studies)     31 August 2008

dear sir reproduced with little modification-s.227---it is true that at the stage of framing charges ld session judge will consider the materials on recordsand not evidence.another proposition-it is wrongto say at the stage of framing charge,court cant apply its judicial mindso  as to decide whether or not there is any ground for presuming the commission of offence by the accused.1977 crlj1125.presumption arises fm statements s161 s164 documents and exhibits etc. so he will also consider evidence at this stage also.this is my point of controvercy.thanks for such reply.dr sc pratihar


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