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UAPA: SC Dismisses PFI Leader's Plea Seeking Discharge In RSS Worker Murder Case [Read Judgment]

Ashok Kini
1 July 2019 12:15 PM GMT
UAPA: SC Dismisses PFI Leaders Plea Seeking Discharge In RSS Worker Murder Case [Read Judgment]
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The Supreme Court has dismissed an appeal filed by a Popular Front of India leader accused in the murder of a RSS worker Rudresh in Karnataka.Asim Shariff's application under Section 227 of Code of Criminal Procedure, 1973 seeking his discharge from the case in which he was accused of various provisions under Indian Penal Code and Unlawful Activities(Prevention) Act, was...

The Supreme Court has dismissed an appeal filed by a Popular Front of India leader accused in the murder of a RSS worker Rudresh in Karnataka.

Asim Shariff's application under Section 227 of Code of Criminal Procedure, 1973 seeking his discharge from the case in which he was accused of various provisions under Indian Penal Code and Unlawful Activities(Prevention) Act, was dismissed by the Special Court. The Special Court order framing charges against him was affirmed by the High Court rejecting his challenge against it.

The bench comprising Justice AM Khanwilkar and Justice Ajay Rastogi reiterated that while examining the discharge application filed under Section 227 CrPC, it is expected from the trial Judge to exercise its judicial mind to determine as to whether a case for trial has been made out or not. The bench summarized the principles and observed:

"While considering the question of framing charge under Section 227 CrPC in sessions cases(which is akin to Section 239 CrPC pertaining to warrant cases) has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out; where the material placed before the Court discloses grave suspicion against the accused which has not been properly explained, the Court will be fully justified in framing the charge; by and large if two views are possible and one of them giving rise to suspicion only, as distinguished from grave suspicion against the accused, the trial Judge will be justified in discharging him. It is thus clear that while examining the discharge application filed under Section 227 CrPC, it is expected from the trial Judge to exercise its judicial mind to determine as to whether a case for trial has been made out or not. It is true that in such proceedings, the Court is not supposed to hold a mini trial by marshalling the evidence on record."

Taking note of the factual aspects of the case, the bench dismissed the appeal and said:

"We have also gone through the relevant record and extract of the charge-sheet placed on record for perusal, the fact reveals that the accused appellant is the President of Bengaluru unit of Popular Front of India(PFI) and the other accused nos. 1 to 4 are also the members of PFI. It reveals from the charge¬sheet that there was frequent telephonic/mobile conversation between appellant(accused no. 5) with other accused persons(accused nos. 1 to 4) prior and subsequent to 16th October, 2016 (the alleged date of incident) which persuaded the Court to arrive to a conclusion that there is a prima facie material of conspiracy among the accused persons giving rise to sufficient grounds of subjective satisfaction of prima facie case of alleged offences of conspiracy being hatched among the accused persons and truth & veracity of such conspiracy is to be examined during the course of trial."

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