Source: Supreme Court

Why in News?

The Supreme Court (SC) has stated that during the preliminary stage of framing charges, the accused is not entitled to present any evidence or documents to contest the case in the matter of State of Gujarat v. Dilipsingh Kishorsinh Rao.

What is the Background of the State of Gujarat v. Dilipsingh Kishorsinh Rao Case?

• In the present matter, the proceedings were initiated under the Prevention of Corruption Act, 1988 (Act) against the respondent (Dilipsingh Kishorsinh Rao).
  • The charges were framed under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988.
  • The proceedings were questioned by filing an application for discharge in the Trial Court by him on the ground that the investigating officer has failed to consider the written explanation offered by the respondent.
• It was also contended that the sanctioning authority reached the conclusion without considering his submissions.
• It was further mentioned that the charge-sheet material did not reveal any circumstance or evidence to arrive at a conclusion that the accused had a disproportionate source of income.
• The said application was rejected by the Trial Court.
• Thereafter, High Court (HC) was approached under Sections 397 read with sections 401 of the Code of Criminal Procedure, 1973 (CrPC) which was allowed.
  • HC relied on:
    • State of MP v. SB Johari (2000), SC held that “Only prima facie case is to be looked into. The charge can be quashed if the evidence which the prosecutor proposes to prove the guilt of the accused, even if fully accepted, it cannot show that the accused committed that particular offence.”
• The state therefore has preferred the present appeal to SC.

What were the Court’s Observations?

• Justices S Ravindra Bhat and Justice Aravind Kumar while hearing an appeal against the Gujarat HC judgment which had quashed the trial court’s order rejecting the respondent’s application seeking discharge under section 227 CrPC, stated that the primary consideration during the framing of charges is to ascertain the existence of a prima facie case. At this stage, the probative value of the evidence on record need not be thoroughly examined.
• SC further directed that the trial court to proceed and shall conclude the trial within 1 year.

What are Charges under CrPC?

• Charge is defined under Section 2(b) of the CrPC as “charge” includes any head of charge when the charge contains more heads than one.
  • In simpler terms it refers to a formal accusation or statement that outlines the specific offence or offences a person is alleged to have committed.
• The Form of Charge is Form No. 32 under the Second Schedule of the CrPC.

A part of Form 32 is reflected by the above picture for reference.

• The detailed provision of Charge is contained under Chapter XVII varying from Section 211 – 224.

What is Discharge under CrPC?

• If, during the court proceedings, the complainant's advocate is unable to present substantial evidence to substantiate the accusations against the accused, and the court is convinced that there is no evidence of the accused committing the alleged offences, the accused can be discharged under such circumstances.
• The present matter pertains to application from discharge under Section 227 of CrPC.
  • It deals with discharge in a case of Session Trial.
• Section 227 – Discharge — If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.