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Criminal law: any admission made before the police officer before the commencement of Investigation is admissible; SC.

Supreme Court of India

Justice KM Joseph

The framing of charge is important part of trial in the criminal case. The case titled as "Deepak Bhai Jagdish Chandra Patel versus State of Gujarat" was decided by the Supreme Court of India, dealing with position of law regarding framing of charges in criminal trial.

The Supreme Court of India has once again settled the position of law as far as framing of charge is concerned by the trial court. It was held by the court that strong suspicion is sufficient to frame charge; however, a strong suspicion must be founded on some material. The material must be such as can be translated into evidence at the stage of trial. The strong suspicion cannot be pure subjective satisfaction, but premised on some material which shows prima facie that the accused has committed the offence alleged - held in para number 21 of the judgement.

In the present case the accused was discharged - as the confession by the co-accused, if it is sold basis for starting the case against the accused, then, the same is of no use. As confession of co accused can be seen only, when there is some other evidence for making the case against the accused, thereafter, confession of the co-accused can be looked into.

It was further held that any admission made before police officer before the commencement of Investigation is also admissible. And the accused can also be examined under section 161 CrPC. Finally, the order by which charges were framed against the appellant / accused was set aside. The appellant was discharged.




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