STATE (GOVT OF NCT OF DELHI) Vs. RAMTEJ

JUDGEMENT

(1.) This Criminal Revision Petition impugns an order dated 29.08.2016 passed by the Court of Additional Sessions Judge, Fast Track Court, Patiala House Courts, New Delhi (in short ?ASJ') whereby an application of the prosecution under section 216 of the Code of Criminal Procedure, 1973 (in short ?the Code') for framing additional/alternate charge under Section 302 of the Indian Penal Code, 1860 (in short ?IPC') besides the charges framed under Sections 376A/392/201 read with Section 411 of the IPC against the respondent/accused was dismissed.

(2.) The prosecution charge-sheeted the accused/respondent under Sections 302/201/376A/377/392 read with Section 411 of the IPC. The ASJ vide order dated 09.09.2015 framed charges under Sections 201/376A/392/411 of the IPC stating that there was no material for framing charges against the accused under Section 377 of the IPC and that the offence under Section 376A was a graver offence than the offence under Section 302 of the IPC as the cause of death of the deceased was due to the combined effect of strangulation and shock due to visceral injuries and blood loss due to insertion of wooden objects in both the private parts as per the post-mortem report and therefore there was no question of framing an alternate charge under Section 302 of the IPC.

(3.) This order dated 09.09.2015 of the ASJ was assailed by the State in Criminal Revision Petition 254/2016. It was argued by the State that the charge under Section 302 of the IPC has not been framed by the ASJ even though there was ample medical evidence on record. This petition was disposed of on 23.08.2016 with liberty to the State to approach the ASJ for framing a charge on the basis of the material before the Court.