Vikas vs The State Of Madhya Pradesh
2021 Latest Caselaw 7545 MP

The High Court of Madhya Pradesh Bench at Indore

Cr.A. No.116/2018

Indore, Dated:17.11.2021 Shri Ajay Bagadiya with Shri Abhishek Tugnawat, learned counsel for appellants.

Shri S.Vyas, learned PL for State.

Shri Bagadiya submits that appellants are convicted u/S.376-D of IPC which came into the statute book with effect from 2/4/2013 by way of Criminal Law (Amendment Act) 2013 (No.13 of 2013). The offence has taken place in a duration between 2001 to 2006. The FIR was lodged on 24/11/2014. By placing reliance on Dalbir Singh Vs. State of UP (2004) 5 SCC 334. It is submitted that (i) appellants could not have been held guilty for an offence which came in the statute book after the dates of commission of crime. Secondly, the impugned judgment runs contrary to the judgment of Dalbir Singh (supra).

An important question of law is raised by learned counsel for appellants. We could not get assistance from the government side. We, accordingly direct Shri Pushyamitra Bhargava or Shri Vivek Dalal, A.A.G to assist this Court on this aspect.

List in the week commencing 1/12/2021.

  (SUJOY PAUL)                                 (PRANAY VERMA)
     Judge                                         Judge

Digitally signed by
VARGHESE MATHEW
Date: 2021.11.18
13:44:22 -08'00'