VidhiSangh

Supreme Court of India · 19/08/2019

TARUN JIT TEJPAL versus THE STATE OF GOA & ANR.

[2019] 10 S.C.R. 675 · 2019 INSC 918

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Summary

The Court upheld refusal to discharge the accused from sexual-offence charges. At the charge stage, the material justified trial; challenges to credibility and the defence case required examination during trial. The objection that the informant and investigating officer were the same did not warrant discharge in this prosecution, which predated Mohan Lal, in view of the binding prospective treatment in Varinder Kumar. Trial was directed to conclude within six months.

Issues

  1. What scrutiny of prosecution material is permissible when deciding discharge and framing charges.
  2. Whether identity of the informant and investigating officer required discharge in this pre-existing prosecution.

Provisions considered

Held

Result

Appeal dismissed; framing of charges upheld. Trial to conclude within six months of receipt of the order. Pending applications disposed of; MA No. 2207/2018 disposed of as infructuous.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 675.