Dismissed

Shakeel @ Mohd. Sakeel Ahmad v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC9 Feb 2024/86/2024

Case brief

AI extract

What is this about?

High Court dismissed a criminal revision challenging the rejection of a discharge application in a rape trial. The court held that statements under Sections 200 and 202 Cr.P.C. established sufficient ground to proceed against the accused, clarifying that discharge requires no reasonable ground, whereas framing charges needs only strong suspicion.

What did the court decide?

The revision was dismissed upholding the impugned order rejecting the discharge application.

Shakeel @ Mohd. Sakeel Ahmad Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12237

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Court No. - 27

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Case :- CRIMINAL REVISION No. - 86 of 2024

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Revisionist :- Shakeel @ Mohd. Sakeel Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another

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Counsel for Revisionist :- Santosh Kumar Dubey,Pooja Devi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Santosh Kumar Dubey, the learned counsel for the revisionist and Sri Virendra Kumar, the learned AGA for the State.

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By means of the instant revision filed under Section 397 Cr.P.C., the revisionist has challenged the validity of the order dated 15.12.2023 passed by the Sessions Judge, Balrampur in Session Trial No. 159/2023, whereby an application for discharge filed by the revisionist has been rejected.

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The opposite party no. 2 has filed an application under Section 156(3) Cr.P.C. alleging that the revisionist used to talk to her through phone for the past one year and he used to allure to marry her. Her parent's had settled her marriage with some other person but the revisionist got that alliance disrupted by alleging that the complainant was a promiscuous girl. The revisionist raped the complainant on 18.09.2019 when she had gone to attend the call of nature at about 06;00 a.m. The complainant's younger sister, who was accompanying her, had raised a hue and cry, upon hearing which the complainant's mother had also reached there whereupon the revisionist went away while threatening them. The complainant had supported the allegations by her statement recorded under Section 200 Cr.P.C. Her mother and younger sister had given statements under Section 202 Cr.P.C. supporting the complaint case.

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The applicant has been granted anticipatory bail in the present case by means of an order dated 07.08.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 1147/2023.

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The complainant gave an application for his discharge on the ground that the allegations levelled in the complaint are false; that the applicant has no criminal history and he is a person of good character and behavior and he deserves to be discharged

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as he is innocent.

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The discharge application has been rejected by means of the impugned order dated 15.12.2023, wherein the learned Sessions Judge has recorded that charges can be framed even on the basis of a strong suspicion and there was no good ground to discharge the applicant.

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Even before this Court, the learned counsel for the applicant has submitted that the allegations levelled in the complaint and the statement recorded under Section 200 & 202 Cr.P.C. are false and there is no medical evidence to prove the allegations.

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The law regarding the approach to be adopted by the court while considering an application for discharge of the accused persons under Section 227 and approach while framing charges under Section 228 of the Code, is that while considering an application for discharge of the accused under Section 227 of the Code, the Court has to form a definite opinion, upon consideration of the record of the case and the documents submitted therewith, that there is not sufficient ground for proceeding against the accused. However, while framing charges, the Court is not required to form a definite opinion that the accused is guilty of committing an offence. The truth of the matter will come out when evidence is led during the trial. Once the facts and ingredients of the Section exist, the court would presume that there is ground to proceed against the accused and frame the charge accordingly and the Court would not doubt the case of the prosecution.

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In the present case, the material available on record in the shape of statements of the complainant and other witnesses recorded under Sections 200 & 202 Cr.P.C., make out sufficient ground for proceeding against the applicant.

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Therefore, there appears to be no illegality in the impugned order dated 15.12.2023. The correctness of allegations will have to be adjudicated after the parties lead evidence in support of their respective case and this cannot be examined while examining the validity of an order rejecting discharge application.

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The revision lacks merit and the same is accordingly dismissed .

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Order Date :- 9.2.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shakeel @ Mohd. Sakeel Ahmad v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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Shakeel @ Mohd. Sakeel Ahmad v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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