Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24839 of 2010 ====================================================== Gorakh Nath Keshari, S/O Late Vishwanath Keshari, resident of Village- Itarhi, Police Station -Itarhi, District-Buxar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------- 5 07-09-2012 Heard Sri Digvijay Kumar Ojha, learned counsel for the petitioner and Sri Akhileshwar Dayal, learned Addl. Public Prosecutor. The petitioner, who is the informant in Itarhi P.S. Case No. 31 of 2006 , corresponding to S.Tr.No.208 of 2007, has approached this Court with a prayer to quash an order dated 11.06. 2010, whereby the learned Addl. Sessions Judge, F.T.C. No.IV, Buxar has rejected the petition filed on behalf of the informant under [STATUTE] . Learned counsel for the petitioner submits that in view of allegation made in the F.I.R. as well as evidence brought on record, there is sufficient ground for adding [STATUTE] . However, learned Sessions Judge in a mechanical manner has rejected the petition for adding the charge under Section 498 of the Patna High Court Cr.Misc. No.24839 of 2010 (5) dt.07-09-2012 2 / 3 2 Indian Penal Code. He submits that the impugned order may be set aside and the court below be directed to amend charge to the extent of adding [STATUTE] . Heard learned counsel for the parties and perused the materials available on record. It is evident from the record that an F.I.R. vide Itarhi P.S. Case No.31 of 2006 was registered long back on 12.03.2006 for the offence under Sections 363,366, 379 and 120 (B) of the Indian Penal Code. In this case, charges were also framed under same Sections i.e. 363,366,379 and 120 (B) of the Indian Penal Code. In the case, on conclusion of the evidence, the case was fixed for argument. Thereafter, a petition was filed on behalf of the prosecution under Section 216 of the Code of Criminal Procedure for amending the charge by adding [STATUTE] . The said petition was heard at length by the learned trial Judge and by order dated 18.11.2009, the learned Sessions Judge by assigning detailed reason rejected the said petition. It is evident from the record that against the said order, the petitioner, who is the informant of the case, or the prosecution, has never filed any application before the superior court. Again the case was fixed for argument and immediately after rejection of the petition for adding [STATUTE] , the petitioner filed an another petition on 12.03.2010 under Section 216 Patna High Court Cr.Misc. No.24839 of 2010 (5) dt.07-09-2012 3 / 3 3 of the Code of Criminal Procedure for adding [STATUTE] , which too has been rejected by learned Addl. Sessions Judge assigning detailed reason. It has been indicated by the learned Sessions Judge that at least punishment for offence under [STATUTE] is severe than the offence under [STATUTE] . Moreover, the prayer of the prosecution for adding [STATUTE] was earlier rejected on 18.11.2009 and immediately thereafter the present petition was filed for adding [STATUTE] . It is further evident that before the court below, defence had taken pleas that only with a view to delay the conclusion of the trial, such petition is filed. This Court is also satisfied that the petition before the court below was filed only and only for the purpose of delaying the conclusion of the trial. The case is at the final stage of argument. The petition stands dismissed. Keeping in view the fact that the case is at the stage of argument, it is desirable to direct the court below to conclude the trial within two months from the date of receipt/production of a copy of this order. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.