Options available for criminal court at the final stage
Ranganath
(Querist) 03 December 2012
This query is : Resolved
Ld Counsels,
What possiblities are there for a criminal court while passing final judgment of acquittal.
Upon appreciating evidence can the court arrive at a conclusion that charges are based on hearsay evidence and there is no legal evidence even prima facie.
Is the criminal court prohibited from arriving at this conclusion as this will amount to reviewing its own order of framing of charges against the accused.
Please clarify, thanks in advance.
Arvind Singh Chauhan
(Expert) 03 December 2012
I think criminal court is not prohibited as charges are framed on only prima facie evidence as statement under 161 Cr.P.C and other material.
Raj Kumar Makkad
(Expert) 03 December 2012
Court can reach to any conclusion after appraisal of entire material on file at the final stage but thee is no such law to review its own order framing the charge as the appraisal at the both the times is entirely different and there is no co-relation betwen those two stages.
