"If the evidence which the prosecution proposes to adduce to prove the guilt of the accused even if fully accepted before it is challenged in cross-examination or rebutted by the defence evidence, if any, cannot show that the accused committed the offence, then there will be no sufficient ground for proceeding with the trial. An exhaustive list of circumstances to indicate as to what will lead to one conclusion or the other is neither possible nor advisable. We may just illustrate the difference of the law by one more example. If the scales of pan as to the guilt or innocence of the accused are something like even at the conclusion of the trial, then, on the theory of benefit of doubt the case is to end in his acquittal. But, if on the other hand, it is so at the initial stage of making an order under s. 227 or s. 228, then in such a situation ordinarily and generally, the order which will have to be made will be one under s. 228 (charge to be framed) and not under s. 227 (of discharge)". Untwalia, J. who spoke for the Court in that case, quoted with approval the view expressed by Shelat, J. in Nirmaljit Singh Hoon v. State of West Bengal & Anr., [1973] 2 S.C.R. 66 , and what had been said in yet another earlier decision of the Court in Chandra Deo Singh v. Prakash Chandra Bose, [1964] 3 S.C.R. 629 . In the case of Union of India v. Prafulla Kumar Samal & Anr., [1979] 2 S.C.R. 229 , (a decision to which the trial Court referred), this Court was dealing with a case involving allegations relating to offences punishable under s. 5(2) read with s.5(1)(d) of the Act and s. 120-B, IPC as here. Fazal Ali, J. indicated that the Court has power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. In Superintendent and Remembrancer of Legal Affairs, West Bengal v. Anil Kumar Bhunia & Ors., [1979] 4 S.C.C. 274 , a three Judge Bench of this Court said:
