It denied the prosecution’s request for framing of additional charges of murder against the accused under Section 302 of the IPC.
New Delhi: A man, who allegedly raped a woman and inserted wooden sticks into her private parts leading to her death, will be tried for murder, the Delhi high court has said, setting aside a trial court order.
The HC expr-essed displeasure with the sessions court’s “whimsical, illegal and perverse” decision not to frame murder charge against the accused, saying that it “speaks of non-application of judicial approach”. Justice V. Goel said the sessions judge committed an “error” resulting in “failure of justice”, and set aside the lower court’s August 29 last order. It denied the prosecution’s request for framing of additional charges of murder against the accused under Section 302 of the IPC.
The court said, “The additional sessions judge is hereby directed to frame an additional charge under section 302 of the IPC and commence the trial in accordance with law. The ASJ shall conclude the trial within three months of receiving this order.”