JITENDER Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of aforementioned revision petitions filed on behalf of the petitioners who are already facing charges under section 363/366a/376/34 IPC in Sessions Case No. 294/2007 registered vide FIR No. 244/2003 of P. s. Kanjhawala. The petitioners are aggrieved by the order dated 11. 09. 2008 whereby the learned ASJ on an application moved by the prosecution also framed a charge against him as well as the other co-accused persons under Section 376 (2) (g) of the Indian Penal Code (IPC ).

(2.) IT is the case of the petitioners that at the stage when this application was moved by the prosecution the case had reached at the stage of pronouncement of judgment inasmuch as not only the prosecution evidence had been closed and the statement of all the accused under Section 313 Code of Criminal Procedure (Cr. P. C.) of the petitioner had been recorded. As a matter of fact, Manoj, one of the co-accused also produced two witnesses in his defence and closed his defence evidence on 15. 05. 2008 and thereafter the case was listed for hearing final arguments in this case.

(3.) IT has been submitted that the entire case of the prosecution rests upon the allegation made by prosecutrix in her statement made to the police on 08. 10. 2003, which is also the basis of registration of the FIR in question. In her statement the prosecutrix had alleged that on 08. 10. 2003 she was kidnapped by the three accused persons, namely, Manoj, S/o Sh. Jeevan Sharma and the two petitioners from outside her school, she was dropped back by the accused persons at the same place from where she was kidnapped, and that the three accused took her to a farm house at village Bijwasan, Delhi, where accused Manoj after bolting the room from inside, committed rape on her person, whereas the petitioners remained standing outside that room.