Code of Criminal Procedure dealing with the
effect of such an omission or error in the charge are Section 215 and
Section 464 CrPC ... omission,
and it has occasioned a failure of justice."
Section 464 CrPC provides as follows :
"464. Effect of omission to frame
charge having been
framed under section 306 is concerned, the effect of Section 222(2) and Section
464 of the Cr.P.C. cannot ... convict him under Section 306
IPC having regard to Section 222 Cr.P.C. Sub-section (1)
of Section 222 lays down that when
stated as follows: (SCC p. 567)
"55. In unmistakable terms, Section 464
specifies that a finding or sentence of a court
shall ... sine qua
non in our criminal justice system but at the
same time procedural law contained in the
Code of Criminal Procedure is designed
convict him under Section 306 IPC having regard to Section
222 Cr.P.C. Sub- section (1) of Section 222 lays down that when ... 464 Cr.P.C. and keeping in
view Section 222 Cr.P.C. alone, the conviction of the appellant
therein under Section 306 IPC
conclusion
that offence under section 376 IPC is made out and hence the
court invoked powers under section 323 Cr.P.C. and committed ... present
case there has been addition of charge under section
376 IPC.
Furthermore, Section 464 CR.P.C. specifically
states that no finding or sentence
September, 1997, the said is permitted under sections 211 , 215
and 464 Cr. P. C. While section 211 Cr.P.C. deals with the form ... section 149 IPC,
Ultimately, the altered charge framed and mentioned is section 307 IPC which is
what should be looked into. Section 211
heading of
charge, the charge is bad under Section 212 of the Code of Criminal
Procedure.
However, I am not in a position to accept ... view of the provision under Section
464 of the Code of Criminal Procedure. Section 464 of the Code
provides to be done in cases where
specific provision laid down in Section 464 of
the Code of Criminal Procedure. Section 464 runs thus: -
"464. Effect of omission to frame ... Trial
Court. The appellant was examined under Section 313 of the Code of
Criminal Procedure and the incriminating materials appearing against
him in the evidence
above decision is
quoted below:-
"7. Like all procedural laws, the Code of Criminal Procedure is
devised to subserve the ends of justice ... That is why we have provisions like
Sections 215 and 464 in the Code of Criminal Procedure , 1973.
The object of the charge
settled position of law that in a criminal trial charge being the
foundation of accusation every care should be taken to frame it properly ... irregularity and the defect in the charge can be cured under section 464 Cr.P.C.
In fact, the purpose of charge is to give
