Crl. Rev. No. 1578 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No. 1578 of 2010 Date of Decision: July 20, 2010 Jamuna Parsad …..Petitioner Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Bikram Chaudhary, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) I have heard counsel for the petitioner and gone through the order passed by this Court annexure P-6 and the order passed by learned Sessions Judge in context to the controversy whether offence under Section 376/ 511 IC is made out or it is a case attracting the provisions of Section 354 IPC. While disposing of the earlier revision petition liberty was given to the petitioner to move an application under Section 216 Cr.P.C. at Crl. Rev. No. 1578 of 2010 [2] an opportune time. The petitioner seems to have filed an application under Section 216 Cr.P.C. as per the liberty given to him for deletion of offence under Section 376 IPC read with Section 511 IPC which has been dismissed. After hearing counsel for the petitioner, I am of the opinion that there is a thin line of margin making a distinction between an offence under Section 376/511 IPC and offence under Section 354 IPC. The said distinction can be appreciated on the basis of the evidence which is produced in the Court and the circumstances which emerge after the testing of the authenticity of the evidence produced by cross-examination. The application under Section 216 Cr.P.C. can be filed by the petitioner at any stage on the basis of the circumstances and the material which forms part of the judicial record during trial. At this stage the circumstances do not warrant any interference in the order of framing of charges or to set aside the order passed by the learned Sessions Judge dismissing the application for alteration of charge. This petition is dismissed. This order will not, in any manner, prejudice the rights of the petitioner on merits at the time of final trial or at the time of filing of application under Section 216 Cr.P.C. at an opportune time. July 20, 2010 (M.M.S.BEDI) sanjay JUDGE