At The Stage Of Framing Of Charges, It Is Not Necessary To Evaluate Evidence Collected By IO:Allahabad HC [Read Order]

The observation was made in an application filed by one Nepali Devi, challenging the order passed by the Additional District and Sessions Judge whereby charges against the accused had been framed under certain Sections of IPC however, he was not charged for causing mischief by fire with intent to destroy a house, etc., under Section 436 of IPC.

The Applicant, through Advocate Amar Nath Dubey, submitted that though there was no allegation against the accused for putting the thatch on fire, however, the complainant had stated under Section 161 CrPC that the accused had put the house of one Ramadhar on fire and therefore, the impugned order had been passed in ignorance of the said statement and was liable to be set aside.

Noting that the aforementioned statement under Section 161 CrPC was on record, Justice Dinesh Kumar Singh held that it could not be expected of a court to appraise each and every piece of evidence at the stage of framing of charges. He said,

"It is correct that there is no allegation of putting on fire the residential premises of the complainant or Ramadhar though the complainant in her statement under Section 161 Cr.P.C. has said that the miscreants/accused have put on fire the thatch of Ramadhar….However, at the stage of framing of charge, learned Judge is required to evaluate the evidence to find out prima facie case but he is not required to go in detail every statement or every evidence which has been collected by the Investigating Officer. Learned Sessions Judge after considering the version of the FIR and the statement of the other witnesses including the complainant was prima facie of the opinion that offence under Section 436 IPC is not made out."

Further guiding the Applicant as to the existence of an alternate remedy for adding the charge of Section 436 IPC, Justice Singh said,

"If the complainant or the prosecution is of the view, during the course of trial, that some other offence(s) has/have also been committed by the accused, it is always open to him/her to file an application under Section 216 Cr.P.C. to alter the charge(s).

Therefore, this petition is disposed of with liberty to the petitioner to move an application at an appropriate stage if there is any other evidence than for which the charges have been framed…"

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