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Ashwin vs State on 31 July, 2008 cites

State Of Maharashtra vs Salman Salim Khan & Anr on 18 December, 2003

15. On perusal of Section 218 of the Code, it becomes clear that for every distinct offence of which any person is accused, there shall be a separate charge and every such charge shall be tried separately. Thereafter, a proviso is added to sub-section (1) which says that where the accused person, by an application in writing, so desires and the Magistrate is of the opinion that such person is not likely to be prejudiced thereby the Magistrate may try together all or any number of the charges framed against such person. While sub-section (2) makes it abundantly clear that nothing in sub-section (1) shall affect the operation of the provisions of Sections 219, 220, 221 and 223. Considering the facts of the present case, it is true that the incidents in question took place on 11-09-2007, 28-09-2007, 01-01-2008, 11-01-2008 and 25-01-2008. The incidents either took place in the PTC College or Village Kimbuva and all the accused were not involved in the alleged offences on the dates mentioned herein. Considering the aforesaid period, different persons committed the heinous crime on the victim. The charge has been framed by the learned Judge on the basis of the material which was placed on the record of the case by the prosecution and when the Court found that the material which was placed before it was prima facie sufficient to frame the charge against all the petitioners, the charge was framed against all the petitioners. However, in view of the judgments rendered by the Apex Court in the case of State of Maharashtra Vs. Salman Salim Khan (supra), the truthfulness, the sufficiency and acceptability of the material produced at the time of framing of the charge can be done only at the stage of trial. In view of the aforesaid facts and circumstances of the case, joint charge came to be framed against all the accused.
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