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A revision petition was filed by the accused in the High Court against the order of the Trial Court since the court did not discharge them and examined two set of witnesses in the case. The witnesses have been received by the prosecution. A statement was filed by the son of Loharia, who said that the names of the accused have been mentioned by him. The high court disbelieved the same. It observed that the statement appeared to be false and thus, discharged the accused.
Loharia’s son approached the Apex Court challenging the decision of Bombay High Court. The Bench observed that the High court cannot appreciate the evidence at this stage of the application. During the contentions, reference was made to the case Yogesh alias Sachin Jagdish Joshi v State of Maharashtra, wherein it was held that the judge had the power to weigh the material for limited purpose, that is to find out whether a prima facie case against the accused has been made out or not. But, the Bench rejected this contention and observed that in the present case, the statements recorded in the course of investigation has been weighed, whereas, in a situation where the evidence if yet to be tested by cross-examination, it cannot be said that there are two possible views of matter. Thus, the observations made in the Yogesh’s case were not looked upon.
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