Rape Accused’s Plea Rejected

Published: 28th December 2014 06:10 AM  |   Last Updated: 28th December 2014 06:10 AM   |  A+A-

MADURAI :  Madurai Bench of Madras High Court has held that the discharge petition of a rape-accused could not be entertained ahead of framing of charges. For, while considering a discharge application ahead of framing of charges, it is not necessary to see whether it is a fit case for conviction. It is enough to ascertain whether a prima facie case is made out for framing of charges, the Court observed, dismissing a discharge petition of a rape-accused. Justice R Mala, while dismissing the petition filed by R Rajeshkumar pointed out that the factum of the SC that FIR was not an encyclopaedia, and said whether the victim was subjected to sexual intercourse or not has to be decided only at the time of cross examination of the doctor.

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