SISLIUS STEPHENS Vs. STATE OF M P

JUDGEMENT

(1.) The applicants son David has been charge sheeted for offences punishable under sections 376 and 342 of the Penal Code in Crime No. 362/88 and is facing trial in Sessions Trial No. 38 of 1989. It appears that after framing the charge against the accused David, an application was moved by the prosecution U/S 319 of the Code of Criminal Procedure for proceedings against this applicant Smt. Sislius Stephens also, who is mother of accused David, as according to the prosecution she was also found guilty of offences, under sections 376/109, 120-b and 342/ 109 because when the alleged offence of rape was being committed by the accused David, this applicant closed the door from outside and in this way she become a party to the offence, and as such, she is also liable to be prosecuted for the aforesaid offences.

(2.) This fact is not disputed that yet the prosecution has not examined any witness.

(3.) Section3l9 Cr. P.C. reads as under: Power to proceed against other persons appearing to be guilty of offences: