Supreme Court · 1997 INSC 256 · Decided 11 March 1997
State of Maharashtra v. Priya Sharan Maharaj and ORS.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 256 · [1997] 2 S.C.R. 933
- Case number
- CRIMINAL APPEAL No. 263/1997
- Decided
- 11 March 1997
- Bench
- G.N. RAY, G.T. NANAVATI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376; CrPC
Headnote
B Criminal Law : Criminal Procedu~i Code, 1973 : Sections 227, 228 and 219. Accused-Discharge of or framing of charges against-Tests to deter- c mine-Held: Court had to sift evidence on record only for the limited purpose ~ of finding out whether a prim a f acie case was made out against the ac- that it would not lead to conviction-In the circumstances of the case, the High Court erred in seeking independent co"oboration to the D version of the complainants in discharging the accused-Case remitted to trial court to proceed further in accordance with law-Trial Court was further
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