STATE OF KARNATAKA Vs. GOVINDA NAIKA

JUDGEMENT

(1.) This revision petition has been registered as per the order dj 12-4-1977 passed by Sri D.B.Lal, J in Crl App No.255 of 1976. The respondent who was the appellant in Crl App No.255 of 1976 has been served.

(2.) Crl App No.255 of 1976 arose out of convictions and sentences passed on the respondent for offences, under Secs.363 and 366 of the IPC by the Sessions Judge, Tumkur, in Sessions Case No.24 of 1975. While disposing of the said Criminal Appeal, Sri D.B.Lai, J found that offences under Secs.375 and 376 of the IPC also had been made out and a charge ought to have been framed for those offences. He dismissed the Criminal Appeal by the judgment d/12-4-77 and after so doing, passed the order that a Criminal Revision Petition be registered and a notice to the respondent to show cause why a charge should not be framed against the respondent under Sections 375 and 376 IPC be issued.

(3.) Now, the question that arises for consideration is whether after disposing of the Crl App No.255 of 1976 this Court could have passed such an order in exercise of its revisional power under Sec.401 of the CrlPC.