RAM PRASHAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The two applicants were facing trial for the charges under Sections 376, 323 and 342 of the Indian Penal Code, on a case registered by Police Station Malanpur, district Bhind.

(2.) During the course of the trial, when prosecutrix Smt. Gayitri Devi (PW. 1) was being examined in the Court, the trial Court on 8-1-1994 stopped further cross-examination of the prosecutrix and passed the impugned order directing therein that an additional charge under Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act') be also framed. The trial Court jumped over the matter and framed additional charge on 8-1-1994 under the Special Act and directed to proceed with the trial from that stage.

(3.) The applicants are aggrieved by this order on the ground that the trial Court had no material at the stage when additional charge was framed that the prosecutrix belonged to Scheduled Casts or Scheduled Tribe and the charge framed under Section 3(1)(xi) of, the Act was uncalled for,improper and against the provisions of law.