Having considered the reasoning given by the High Court and the
grounds which are weighed with the High Court while discharging the
accused, we are of the opinion that the High Court has exceeded in its
jurisdiction in exercise of the revisional jurisdiction and has acted beyond
the scope of Section 227/239 Cr.P.C. While discharging the accused,
the High Court has gone into the merits of the case and has considered
whether on the basis of the material on record, the accused is likely to
be convicted or not. For the aforesaid, the High Court has considered in
detail the transcript of the conversation between the complainant and the
accused which exercise at this stage to consider the discharge
application and/or framing of the charge is not permissible at all. As
rightly observed and held by the learned Special Judge at the stage of
framing of the charge, it has to be seen whether or not a prima facie
case is made out and the defence of the accused is not to be
considered. After considering the material on record including the
transcript of the conversation between the complainant and the accused,
the learned Special Judge having found that there is a prima facie case
of the alleged offence under Section 7 of the PC Act, framed the charge
against the accused for the said offence. The High Court materially
erred in negating the exercise of considering the transcript in detail and
in considering whether on the basis of the material on record the
accused is likely to be convicted for the offence under Section 7 of the
PC Act or not. As observed hereinabove, the High Court was required to
consider whether a prima facie case has been made out or not and
whether the accused is required to be further tried or not. At the stage of
framing of the charge and/or considering the discharge application, the
mini trial is not permissible. At this stage, it is to be noted that even as
per Section 7 of the PC Act, even an attempt constitutes an offence.
Therefore, the High Court has erred and/or exceeded in virtually holding
a mini trial at the stage of discharge application. {Para 11}
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPEALLATE JURISDICTION
CRIMINAL APPEAL NO. 407 OF 2021
Diary No. 8524/2020
State of Rajasthan Vs Ashok Kumar Kashyap
