At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed and if no offence is made out, then only an accused can be discharged. Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial. At the stage of charge, the Court has to satisfy that a prima facie case is made out against the accused persons. Interference of the Court at that stage is required only if there is strong reasons to hold that in case the trial is allowed to proceed, the same would amount to abuse of process of the Court.
Case Comment:
- In the report of the test conducted on RespondentNo.1, the opinion furnished by the Directorate of Forensic Sciences Laboratory, Home Department, Maharashtra, shows the involvement of Respondent No.1 in the murder of Captain Manmohan Singh. His psychological profiling also pointed out towards him being an antisocial personality with tendency to go against the social norms
- The High Court vide impugned order had summed up the entire evidence in two paras without even referring to the Psychological Evaluation including Psychological Profiling, Polygraph Testing and Brain Electrical Oscillations Signature Profiling (BEOS) tests of the accused and the other aides of respondent no.1 and ordered discharge of Respondent Nos.1 and 2.
- Though Psychological Evaluation test report only may not be sufficient to convict an accused but certainly a material piece of evidence
- There is selective reference to the statements of some of the persons recorded during investigation. It shows that there was total non-application of mind
[Manjit Singh Virdi v. Hussain Mohammed Shattaf, (2023) 7 SCC 633]