PRABHURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is the revision against the order dated 7-12-1994 passed by the learned Addl. Sessions Judge, Ratnagarh by which he added charge under Section 457, IPC against the petitioners.

(2.) Facts in brief are that the complainant Ramchandra Nai lodged a report at Police Station Sri Doongararh on 19-7-1984 to the effect that on 13-7-1984 when he was out and his wife and children were at his house, in the night, the petitioners in an intoxicated condition entered into his house. His wife was sleeping outside the Jhoopa in the court-yard. Prabhuram committed rape. She raised hue and cry but nobody came to rescue her at the dead hour of the night. Ramchandra's father had also gone out but when Sunderram his uncle went to look after his family and sleep at the house of Ramchandra, found the petitioners there and warned them and the petitioners ran away. A case under Section 376 and 457, IPC was registered and on investigation final report was submitted. A protest petition was filed before the learned Chief Judicial Magistrate who passed order on 11-10-1984 taking cognizance against all the three petitioners for the offences under Section 376/34, IPC. Thereafter the case was committed to the Sessions Judge. He framed charge under Section 376, IPC against all the petitioners. The trial proceeded and as many as 12 witnesses of the prosecution were examined. Prosecution completed its evidence on 11-1-1993 and the case was fixed for statements of accused-persons on 24-1-1995. By the impugned order dated 7-12-1994 the learned Addl. Sessions Judge added charge under Section 457, IPC against all the three petitioners.

(3.) I have heard learned counsel for the petitioners as well as learned Public Prosecutor.