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2018 (8) TMI 2147 - SUPREME COURTHigh Court exercising its revisional power overturned the verdict (refusal to discharge) and thought it proper to order for discharge - Appreciation of evidence for discharge undertaken by High Court - HELD THAT:- Appreciation of evidence is an exercise that the High Court, could not have undertaken at this stage of consideration 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 power exercised by the High Court to order for discharge was premature. Consequently, the order of the High Court ought to be set aside - The appeals are, consequently, allowed.
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