IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5785 of 2009 DATE:12.11.2010 Between: K.Narasimhulu and 2 others …… Petitioners And State rep. by the Inspector of Police, Chittoor Rural East Circle Police Station and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5785 of 2009 ORDER: The petitioners 1 to 3/A-2 to A-4 along with A-1 are accused of offences punishable under Sections 376 and 506/34 I.P.C in Sessions Case No.174 of 2009 on the file of Additional Assistant Sessions Judge, Chittoor. The petitioners are aggrieved by framing of charge by the lower Court against them for offence punishable under Section 376/34 I.P.C. 2) On perusal of entire record placed before me including copies of F.I.R, charge sheet, statements of witness Nos.1 to 3, this Court is of the opinion that the lower Court inappropriately framed charge under Section 376/34 I.P.C against A-2 to A-4 instead of framing a charge under Section 506/34 I.P.C against them. The lower Court failed to notice that allegation against A-2 to A-4 who are father, paternal uncle and mother of A-1 is to the affect that they supported A-1 and joined A-1 in threatening mother of the victim with dire consequences. Main allegation against A-1 is to the affect that he sexually exploited the victim girl Radha during absence of her inmates in the house on three occasions which resulted in the victim girl conceiving a child and delivering the child which child is stated to have died subsequently. There is no allegation that A-2 to A-4 had any common intention along with A-1 for the offence of rape. The prosecution allegation is that A-2 to A-4 shared common intention with A-1 in threatening the victim’s mother who is the third witness to the prosecution. Therefore, I find framing of charge against the petitioners 1 to 3/A-2 to A-4 for offence under Section 376/34 I.P.C is improper and is not supported by material on record. 3) In the result, the Criminal Petition is allowed quashing charge framed by the lower Court against the petitioners 1 to 3/A-2 to A-4 for offence under Section 376/34 I.P.C; but at the same time directing the lower Court to frame appropriate charge against them under Section 506/34 I.P.C and proceed with trial of the case. _______________________________ SAMUDRALA GOVINDARAJULU, J November 12, 2010 ksh