SHASHI KANT, J. - (1.) Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. and perused the material available on record.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the order dated 09.03.2015, passed by Additional Sessions Judge/Fast Track Court, Varanasi, in Sessions Trial No. 415 of 2008 - State v. Mohd. Sajan and Others, arising out of Case Crime No. 44 of 2008, under Sections 363, 366 and 376(2)(G) I.P.C., Police Station - Adampur, District - Varanasi, whereby the application for correction of charge was allowed and Section 376 I.P.C. was replaced by Section 376(2)(G) I.P.C.
(3.) Brief facts giving rise of this application are that :- 3.1 A first information report, was registered on 22.02.2008, as Case Crime No. 44 of 2008, under Sections 363, 366, 376 I.P.C., Police Station - Adampur, District - Varanasi (Annexure No. 2), against the applicants, alleging therein that applicants have committed rape with the sister of opposite party no. 2. 3.2 The prosecutrix was medically examined on 23.02.2008 and her Radiological Examination was also conducted for determination of her age on 26.02.2008, in which her age is shown as 19 years. 3.3 Thereafter statements of prosecutrix under Section 164 Cr.P.C. was recorded in which she stated that all the accused persons have committed rape with her. 3.4 After investigation a charge sheet was filed against all the three accused persons under Sections 363, 366 and 376 I.P.C. and cognizance of the same was taken by the Court below, on 09.05.2008. 3.5 During trial statements of PW-1 (first informant - Kurban Ali) and PW-2 (Prosecutrix) were recorded. 3.6 On 01.09.2014, an application '99Ka' was filed by D.G.C. (Criminal) before Additional District and Sessions Judge, Court No. 1, Varanasi, seeking inclusion of Section 376(2)(G) I.P.C. on the ground that as per F.I.R. and statements recorded under Section 161 and 164 Cr.P.C. allegation of rape has been levelled against all the accused persons. The applicants filed their objections '100kha'. 3.7 The learned Court below vide order dated 09.03.2015 (Annexure No. 10), allowed the application for correction of charges and accordingly Section 376 I.P.C. was replaced by Section 376(2)(G) I.P.C. 3.8 Hence this application under Section 482 Cr.P.C. has been filed challenging the correctness and validity of change in Sections made by the Court below on the grounds mentioned in the affidavit filed in support of this application. ;