Steno Patna Civil Court Steno Dictation No. 656

Learned Additional Public Prosecutor for the State-respondent, while contesting the arguments advanced by learned counsel for the appellant, contended that Section 216 of the Cr.P.C. can be invoked any time during the trial by the learned Trial Court. That, so far as the allegation of prejudice caused to the appellant is concerned, it is evident that the charge framed for the first time under Section 9(l) of the POCSO Act detailed the offence committed by the appellant, viz.; that in the guise of teaching her how to cut flowers he had lifted her in his arms, taken her inside the store room, where he touched her. Thus, when the evidence was led by the prosecution the appellant had sufficient notice of the fact that the charge also included use of force against the victim with intent to disrobe her and the appellant had put up his defence accordingly during cross-examination. That, the judgment and order on sentence being legally sound and having caused no prejudice to the appellant ought not to be disturbed.