Cr.A. No. 103 of 1993 28.3.2008 Present: Mr. P.M. Negi, Deputy Advocate General, with Mr. J.S. Guleria, Law Officer, for the appellant – State. Mr. Vikas Rajput, vice counsel for the respondents. As per record the allegation against the respondents was of gang rape for which minimum sentence of ten years is provided per sub-section (2) of Section 376, IPC. Trial Court, however, charged the respondents with the offence of rape simpliciter read with Section 34, IPC. We are of the view that the respondents need to be charged for the offence of gang rape, so that if ultimately they are found guilty, they may be punished suitably. Hence, we set aside the judgment of the trial Court and remand the case with the direction to the trial Court to alter the charge so as to charge the respondents with the offence of gang rape punishable under sub-section (2) of Section 376, I.P.C. and to try and decide the matter, as per law. Parties are directed to appear before the trial Court on 28.4.2008. ( Surjit Singh ), J. March 28, 2008 (BC) ( V.K. Ahuja ), J.