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TMI Blog2018 (8) TMI 2147X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the application for discharge. But this is what precisely what High Court appears to have been done. While there can be no dispute on the proposition that has been laid by this Court in Yogesh alias Sachin Jagdish Joshi [ 2008 (4) TMI 803 - SUPREME COURT] what has happened in the present case is that the statements recorded in the course of investigation had been weighed, analyzed and appreciated. In a situation where the said evidence is yet to be tested by cross-examination and the veracity of either of the two versions is yet to be established, it cannot be said that there are two possible views of the matter. The observations of this Court in Yogesh alias Sachin Jagdish Joshi will, therefore, not assist the accused. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring for the appellant-complainant (Sh. Sandeep Sunil Kumar Loharia), Shri Salman Khurshid, learned senior counsel appearing for the respondent-accused (Sumeet Ganpatrao Bachewar) and Ms. Indira Jaising, learned senior counsel appearing for respondent-accused (Bhupesh Prakashchand Gupta). We have also heard Mr. Nishant R. Katneshwarkar who has appeared for the appellant-State in criminal appeal arising out of Special Leave Petition (Crl.) No.5726/2018. 4. In the course of the investigation, particularly, on the basis of the statements recorded under Section 161 of the Code of Criminal Procedure, 1908 two sets of evidence have been received by the prosecution. The first is the statement made by the deceased to the person (Tejas Sharad Jan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng against the accused appearing in the Section postulate exercise of judicial mind on the part of the Judge to the facts of the case in order to determine whether a case for trial has been made out by the prosecution. However, in assessing this fact, the Judge has the power to sift and weigh the material for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. The test to determine a prima facie case depends upon the facts of each case and in this regard it is neither feasible nor desirable to lay down a rule of universal application. By and large, however, if two views are equally possible and the Judge is satisfied that the evidence produced before him gives rise to suspicion only a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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