GOLAP CHOUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision puts to challenge the order dated 29.8.2009, passed by the learned Sessions Judge, Darrang, in Sessions Case No. 120(DM)/2009, whereby the learned court below has framed charges, under Sections 448 and 376, IPC, against the present petitioner, as accused, in the case. To the charges, so framed, the petitioner has pleaded not guilty.

(2.) HEARD Mr. T.C. Khatri, Learned Senior Counsel, for the petitioner, and Mr. V.S. Singh, learned Additional Public Prosecutor, Assam.

(3.) WHILE considering the above submissions, made on behalf of the accused -petitioner, it needs to be noted that in respect of an offence which is triable by a Court of Sessions, it is not the function of a Court of Sessions to determine, at the stage of consideration of charges, under Section 228 Cr.PC, as to whether the accusations against an accused are or are not believable or are not true. The court has to proceed on the basis of the presumption that the accusations made are correct and, then, determine if, on the basis of such accusations, commission of any offence can be said to have been made out or not.