IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8371 of 2008 DURGESH SINGH @ PAPPU SINGH, SON OF RAMESHWAR SINGH @ KHELARI SINGH, RESIDENT OF VILLAGE KHANANI KALA, P.S. AGIAON BAZAR IN THE DISTRICT OF BHOJPUR.-PETITIONER Versus STATE OF BIHAR ----------- 2 28.1.2010 Counsel for the petitioner submits that this is a case where offence made out is under Section 354 of the Indian Penal Code and charge should not be framed under Section 376/511 of the Indian Penal Code as the offences under Section 376 of the Indian Penal Code is not made out. The Court below after taking evidence can always find the accused guilty of a lesser charge or alter the charge. At present this Court does not find any illegality in the order passed by the Additional Sessions Judge, Fast Track Court No. II, Ara in Sessions Trial No. 491 of 2007 dated 29.1.2008. With this observation, this application is dismissed. Sanjay ( Sheema Ali Khan, J.)