1. This revision petition carries a challenge against the order dated 5.6.2012 passed under section 216 of the Code of Criminal Procedure whereby Annexure-1 charge in S.C.No.512 of 2010 on the file of the Court of the Principal Assistant Sessions Judge, Ernakulam was altered. The revision petitioner is the fourth accused therein. The petitioner along with 10 other accused admittedly charged originally as per Annexure-1 for having committed offences punishable under sections 109, 115, 216A, 354, 384, 395 and 412 read with section 120B of the Indian Penal Code. The said charge was framed against them on 25.6.2011. Thereafter the parties went to the trial. Upon closing the evidence of the prosecution the accused were questioned under section 313 Cr.P.C. After closing the defence evidence hearing was conducted. Thereupon, Annexure-2 petition for amending the charge was filed by the prosecution. After hearing both sides, as per Annexure-3, that application was allowed and Annexure-1 charge was altered by exercising the power under section 216 of the Code of Criminal Procedure. It is this alteration of charge that is under challenge in this revision petition.

2. It is proper and profitable to refer to the relevant amendments sought for and also the altered charge which is now to be treated as the original charge. Paragraphs 2 and 3 of Annexure-2 contain the amendment sought for by the prosecution. They read thus:-

"2. In respect of description of charge Under Section 384 it may be added that "all the accused persons (A1-A4) in furtherance of criminal conspiracy after putting PW1 and PW2 in fear of instant death and instant hurt by showing the knife and pointing the gun and induced PW1 to deliver his gold ornament namely gold rings and thereby instrumental in PW1 to deliver the gold ornaments as above stated and thereby committed the offences punishable under Section 384".

3. With respect to the portion where charge under Section 395 had been alleged the following shall also be added.

"that the accused Nos.1 to 9 in furtherance of their conspiracy had put PW1 and PW2 in fear of instant death and instant hurt by putting in fear with a gun and knife and thereafter took forcibly from his person gold chains as well as his mobile phone and 24,000 rupees from the pocket of his shirt and thereby committed the offence under Section 395 of IPC."

After hearing both sides the trial court altered the charge by exercising the power under section 216 of Cr.P.C. against the revision petitioner and the other accused persons. Admittedly, the alterations have been made only in charge Nos.3, 6 and 7 and they read thus:-

"Thirdly ...... at link lakshman apartment... "Took forcibly from the person of CW1 his gold ornaments including gold chain, gold ring and bracelet and mobile phone and Rs.24,000/- from the pocket of his shirt and a mobile phone from the possession of CW2 and in order to and in committing the above said acts and in carrying away the said things, caused hurt to CW1 by Ahif by slapping at his face and you put CW1 and CW2 in fear of instant death and/or instant hurt and/or wrongful restraint by putting in fear with a gun and knife and thereby" ...... taking nude photos .... Sixthly...... agreed to give money and cheque ... "after putting CW1 and CW2 in fear of instant death and instant hurt by showing the knife and pointing the gun and induced CW1 to deliver his gold ornaments including gold chain gold ring and bracelet and mobile phone and Rs.24,000/- and thereby instrumental in CW1 to deliver the above said things as above stated and that you" ..... thereby by committed offence U/s.384. Seventhly ..... that you A6 to A9 "that you after putting CW1 and CW2 in fear of instant death and instant hurt by showing the knife and pointing the gun and induced CW1 to deliver his gold ornaments including gold chain gold ring and bracelet and mobile phone and Rs.24,000/- and thereby instrumental in CW1 to deliver the above said things as