RAMJILAL & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed against the order passed by the learned Additional Sessions Judge, Dholpur dated 20-12-89 taking cognizance of offence under Sec. 376 Penal Code against accused-petitioners Ramjilal and Radhey Shyam.

(2.) This case has a chequered history. An FIR was lodged on 23rd Nov., 1988 by one Chand Main, a citizen of Bangladesh, before the Collector, Dholpur that rape is being committed on the female inmates of the detenue camp of Bangladesh refugees. This complaint was sent to Police Superintendent, Dholpur for getting investigated. A case for offence under Sections 307 and 323 Penal Code was registered against several accused-persons. During investigation it was stated by prosecutrixes that rape was being committed upon them. Several persons including accused petitioner were arrested and since their names were not known from before, identification parade was also held. Police submitted a charge-sheet for offence under Sec. 376 Penal Code against petition inter alia others. The case was committed to the court of sessions and the learned Additional Sessions Judge, Dholpur vide order dated 2-12-89 framed charges against accused Prem Singh, Mohd, Arif, Ramjilal, Radheshyam. Sunderpal, Parakh Singh for offence under Sec. 376 Penal Code and against Sabir, Shivam and Rakesh for offence under Sections 376 and 323 IPC. All the accused filed petition under Sec. 482 Cr. P.C. before this Court challenging the order framing charges. This petition was filed on 5-12-89 against the aforesaid order dated 2-12-89 and came up for admission before the Bench on 7-12-89. This Court directed not to record the statement of prosecution witnesses till 14-12-89 and the case was directed to be heard on 12-12-89. On 13-12-89 Honourable Kapur J. accepted the petition of Ramji Lal, Radhey Shayam and Sheo Ram and discharged them of the offences under Sections 376 and 323 IPC. Misc. Petitions of Rakesh Kumar, Prem Singh and Paras Singh were referred. This order dated 13-12-89 was communicated to the learned Additional Sessions Judge soon after it was passed. However, it is pertinent to mention here that the learned Additional Sessions Judge meanwhile i.e. between 2-12-89 and 20-12-89 had already recorded the statements of seven witnesses, hence the learned A.P.P. during the pendency of trial moved an application under Sec. 319 Crimial P.C. and requested the learned Judge to take cognizance of the offence against Ramji Lal and Radhey Shyam petitioners. The learned Additional Sessions Judge holding that six of the witnesses have named Ramji Lal and Radhey Shyam, took cognizance of the offence under Sec. 376 Penal Code on application under Sec. 319 Crimial P.C. vide order dated 20-12-89 which is under challenge in this petition.

(3.) Notice of this application was given to the State and arguments were heard.