XVIII of Code of Criminal Procedure is perused, then it is open for the accused to seek discharge under Section 227 of Code of Criminal Procedure, before charge is framed. In case accused fails to make out any case for discharge, framing of charge is inevitable. Moreover, since the petitioners have not challenged the order of reiection of discharge, it is now not open for them to take exception to the charge framed against them. Even otherwise, for the purpose of framing of charge, it would be suffcient for the Trial Court to consider that from the material on record, there is strong suspicion against the petitioners, which may necessarily not result into conviction of the petitioners. Prima facie perusal of the complaint indicates that there are specifc allegations against the petitioners herein that inspite of having knowledge about pregnancy being carried by respondent No. 2, she was mentally and physically harassed/tortured which has caused her miscarriage. At this stage, this Court also need not go into the aspect as to whether the statement of informant/respondent No. 2 would be suffcient to seek conviction of the petitioners for the offence punishable under Section 313 of Indian Penal Code or not, as weighing and sifting of material evidence on record is not permissible at this stage.
