Criminal Procedure Code, 1973
Section 216—Exercise of power by Court—Once charges are framed, the trial court is to proceed with the trial for recording evidence as per law and to pass judgment of acquittal or conviction—Mandate of 216 of the CrPC is not to scuttle the process of trial at intermittent stages but to enable the trial court to see whether it is required to alter or add any charge—Such exercise of altering or adding may not be required in each trial and will depend upon the facts of individual trial whether such an exercise is warranted or not.
[Para 14]
Section 216—Alteration or addition of charges—Consideration of application—Provisions of Section 216 of the CrPC are enabling and can be exercised at any stage before pronouncement of judgment—Filing of such an application is not required—Since there is no bar on filing such an application, therefore, the application can be filed but it is not necessary to immediately pass an order on receipt of such an application—It is the duty cast upon the court to apply its mind and if necessary, alter or add any charge at any time before judgment is pronounced—If such a decision is taken, the concerned court has to follow the further recourse as mentioned in Section 216 of the Cr.P.C. itself so as to ensure that no prejudice is caused either to the accused or the prosecution.
[Para 15]
Section 216—Proceeding further with trial without passing any order on an application for addition of charge—Legality of—FIR registered against respondent for offences punishable under Sections 376(2)(d)/354/354A/354B/354D/506/201/34 of IPC and 67A of the Information Technology Act—Sessions Court discharged second respondent for offence punishable under Section 376(2)(d) of IPC and respondents/accused held liable for trial for other offences—Petition filed under Section 482 of CrPC seeking issuance of direction to the trial court to pass an order on the application under Section 216 read with Section 323 of the CrPC for addition of charge under Section 376 of the IPC before proceeding further with the recording of evidence—Trial court in its discretion at the present stage of trial, does not find it necessary to alter or add any charge, either on its own or even on an application filed by the petitioner/prosecutrix—High Court in exercise of its power under Section 482 of the CrPC should not issue any direction for passing of the order on such an application—No error committed by trial court in proceeding further with the trial without passing any order on an application under Section 216 of CrPC.
[Para 15]
Section 216(4)—Application for adjournment of trial—Misconceived—As the stage of sub-section 4 of Section 216 of CrPC is subsequent to the decision of alteration or addition of the charge—Trial court has not erred in not adjourning the matter till the main application under Section 216 of the CrPC is decided.
[Para 13]
Section 216—Alteration or addition of charges—Consideration of application—Duty is cast upon the trial court to see that in an appropriate case, on the basis of sufficient material, it can alter or add charges—Trial court is at liberty to consider the application under Section 216 of the CrPC at an appropriate stage where it considers necessary.
[Para 16]
Precedent
Singular fact can make a difference with respect to applicability of a particular decision—Precedent is an authority for the proposition laid down therein.
[Para 12]