- (1.) HON 'ble the Supreme Court in Rajveer@Raju and anr. v. State of Haryana, 2011 AIR SC 568 has mandated as follows: - ''We further direct all the trial courts in India to ordinarily add Section 302 to the charge of Section 304B, so that death sentences can be imposed in such heinous and barbaric crimes against women. Copy of this order be sent to Registrar Generals/Registrars of all High Courts, which will circulate it to all trial courts. ''
(2.) APPARENTLY , that order was passed to meet out the eventuality when a charge of lesser offence has been framed and the court in its ultimate conclusion finds the accused guilty of graver offence. On the analogy of the Apex Court's view mentioned above, an academic question arises that if a charge of rape has been framed against the accused and if argument of the accused is to the effect that at the most a charge of attempt to rape could have been made out from the record, then should the revisional court pass an order for amendment of the charge, particularly when the trial in sessions case has already been started in the concerned sessions court and four witnesses have already been examined in the court and further more when a Co -ordinate Bench of this Court had ordered that the trial of the case should be completed preferably within three months by conducting the 'In Camera' trial on day to day basis.
(3.) THE present criminal revisions relate to the famous case of the infamous Asharam@Ashumal and others. The trial court has framed the charges against the accused -persons as follows: (1) Asharam@: Sections 376(2)(f), 376(D), 370(4), Ashumal 354(A), 342, 506, 509,120B IPC and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000(for short 'JJ Act, 2000'), and Section 5(f), 5(g) and 7/8 of the Protection of Children from Sexual Offences Act, 2012(for short 'POCSO Act, 2012') (2) (i) Sanchita@: 376(2)(f) read with Sec. 120B/109IPC Shilpi 376(D), 354(A)/34 IPC, 342/34,370(4), (ii) Prakash 506/34, 509/34 read with Sec.19 and 120B IPC and Section 23 of JJ Act, 2000 and Sections (iii) Sharad Chandra 5(f) read with Section 17, 5(g) read with Sharat Chandra Sec. 17 and Section 7/8 of POCSO Act, 2012. (3) Shiva@Savaram: 376(2)(f) read with Sec. 120B/109IPC 376(D), 354(A)/34 IPC, 342/34,370(4), 506/34, 509/34 read with Sec.19 and 120BIPC and Sections 5(f) read with Section 17, 5(g) read with Sec. 17 and Section 7/8 of POCSO Act, 2012. I have heard arguments of both the parties in all the three criminal revisions and I have perused the record of the case.;