Published on: 31 October 2022 at 21:30 IST
Court – Supreme Court of India
Citation – State of Maharashtra v/s Som Nath Thapa (1996) 4 SCC 659
Hon’ble Supreme Court of India has held that the criminal court are to presume based on probable cause of action based on evidence presented before by the prosecution.
However, it is held that at the stage of framing of a charge, probative value of the materials on record cannot be gone into; the materials brought on record by the prosecution has to be accepted as true at that stage.
Para 31
Let us note the meaning of the word ‘presume’. In Black’s Law Dictionary it has been defined to mean “to believe or accept upon probable evidence”. (emphasis ours). In Shorter Oxford English Dictionary it has been mentioned that in law ‘presume’ means “to take as proved until evidence to the contrary is forthcoming”
Stroud’s Legal Dictionary has quoted in this context a certain judgment according to which “A presumption is a probable consequence drawn from facts (either certain, or proved by direct testimony) as to the truth of a fact alleged.”
Drafted by – Abhijit Mishra
Key Words – Conspiracy, Framing of Charge, Probable Evidence.