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TMI Blog2018 (1) TMI 1727X X X X Extracts X X X X X X X X Extracts X X X X ..... probative value of the evidence on all the essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of the facts pertaining to such essential elements or to consider its existence so probable that a prudent man ought to act upon the supposition that those facts existed or did happen. However, at this stage, there cannot be a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial. It cannot be said that no case can be made out against the Accused--Appellants. Allegedly, the Notifications dated 15-5-1996 and 1-8-1996 were issued without the approval of Cabinet and by violation of rules. Looking at the facts of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Corruption Act, 1988 read with Section 120-B, Indian Penal Code. 2. In a nutshell, the genesis of the dispute in all these appeals pertains to a Notification dated 30th September, 1991 issued by the Government of Goa, duly approved by the Cabinet, according to which those industrial units who apply for bona fide use of High Tension or Low Tension power supply to their industrial units would be eligible for a rebate of 25% in their tariff for a period of five years. The Appellant in Criminal Appeal. No. 315 of 2011 (Accused No. 1) was the Minister of Power for the State of Goa during the period 22-12-1994 to 29-07-1998 whereas the Appellant in Criminal Appeal No. 313 of 2011 (Accused No. 2) was also a public servant at that time being Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Special Judge, Panaji by order dated 8th December, 2006 framed charges against the Accused--Appellants for the offences punishable Under Sections 120-B, 409, 420, 465, 468 and 471, Indian Penal Code and also Under Section 13(1)(d)(i) and 13(1)(d)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988. The aggrieved Appellants approached the High Court by way of Criminal Revision Applications. The High Court on the analysis of facts, arrived at the conclusion that the facts of the case do not disclose an offence of cheating and there was no offence of criminal breach of trust. Accordingly, the Appellants were discharged from the offences punishable Under Sections 120-B, 409, 420, 465, 468 and 471, Indian Penal Code. However, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rit Petitioners are entitled to 25% rebate in power tariff till 26th July, 1998. This has been challenged by means of the present appeals. Second set of appeals have been filed by the writ Petitioners against the judgment of the High Court whereby and whereunder the High Court has held that notification dated 27th July 1998 is valid. We have heard counsel for the parties and perused the record. The High Court has taken the aforesaid view after taking into consideration overall facts and circumstances and inasmuch as public interest which, according to us, is very balanced view of the matter. We, therefore, are not inclined to interfere with the matters Both the sets of appeals fail and are accordingly dismissed. There shall be no order a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extend benefit to the Accused Nos. 6 7 Companies. Mere suspicion does not warrant framing of charges against the Appellants, learned Counsel wrongly placed reliance on a decision of this Court in Hira Lal Hari Lal Bhagwati v. CBI, New Delhi, (2003) 5 SCC 257 and submitted that by virtue of the Notifications in question, no benefit was got by the Appellant and whatever amount had to be paid, has already been paid, and accordingly the charges against the Appellant should be dropped. 10. Learned Counsel appearing for the Appellant in Criminal Appeal No. 313 of 2011, Ms. Asha G. Nair, submitted that the Appellant in his official capacity had only made submissions in accordance with the instructions received by superiors in the normal cours ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to interfere and revisit the matter. 12. At the outset it would be pertinent to note the law concerning the framing of charges and the standard which courts must apply while framing charges. It is well settled that a court while framing charges Under Section 227 of the Code of Criminal Procedure should apply the prima facie standard. Although the application of this standard depends on facts and circumstance in each case, a prima facie case against the Accused is said to be made out when the probative value of the evidence on all the essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of the facts pertaining to such essential elements or to consider its existenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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