Sentence accused for charge not present in charge sheet
Can a trial judge sentence an accused for the charge not present in charge sheet at the time of pronouncement of judgements? Please refer case law if possible.
There is a stage of the “Framing of charges” in every criminal trial and as per the section 211 and 212 of the Criminal Procedure Code (CrPC), the magistrate mentions specifically the time, place of the offence alongwith the contents of those charges which might be certain add-ons to the chargesheet filed by the police in the court. Charges in the chargesheet are as per the knowledge of the police which might be proved wrong on various occasions. Therefore, once the chargesheet is filed – the date is subsequently fixed for “Charge” where the magistrate himself/herself make alterations. The judgement thereafter is based on these charges thus framed by the magistrate.
If at any point of time, you as a party to the case – feels that the charges need further amendment – you are allowed to move an application in the court of law regarding the same. This application is a Revision application of the Order of the same court that announced the charges so framed, in the previous date of hearing. However, you can always object (through an application) to it – but before the pronouncement of the judgement in a case.
This is a normal procedure and happens all the time. There is no specific judgement to this effect and at the same time, almost all the case laws cover this thing.
Book a phone consultation with a top-rated lawyer on Lawfarm.