Sonu Jha vs Union Of India
2023 Latest Caselaw 10513 MP

                          1

IN THE HIGH COURT OF MADHYA PRADESH
               AT G WA L I O R
                      BEFORE
      HON'BLE SHRI JUSTICE ROHIT ARYA
                        &
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
            ON THE 10th OF JULY, 2023


         WRIT PETITION No. 20292 of 2022

BETWEEN:-

SONU JHA S/O SHRI RAMESHWAR, AGED ABOUT 30 YEARS,
R/O VILLAGE PATHA, PANIHAR, POLICE STATION DABRA,
DISTRICT GWALIOR (MADHYA PRADESH)
                                       .....PETITIONER
(SHRI CHETAN   KANOONGO       -   ADVOCATE   FOR   THE
PETITIONER)

AND

1. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY
   OF LAW AND JUSTICE, ADDRESS - 4TH FLOOR, A-WING,
   SHASTRI BHAWAN NEW DELHI

2. STATE OF MADHYA PRADESH THROUGH POLICE
   STATION  DABRA DISTRICT GWALIOR (MADHYA
   PRADESH)

3. PROSECUTRIX THROUGH POLICE STATION          DABRA
   DISTRICT GWALIOR (MADHYA PRADESH)

                                     .....RESPONDENTS
(SHRI PRAVEEN NEWASKAR - DEPUTY SOLICITOR GENERAL
FOR RESPONDENT/UOI;
                                  2

SHRI ANKUR MODY- ADDITONAL ADVOCATE GENERAL FOR
RESPONDENT/STATE)

      This petition coming on for hearing this day, JUSTICE

ROHIT ARYA passed the following:

                            ORDER

Petitioner stood convicted for the offence punishable

under Section 376(2)(l) IPC and sentenced to undergo RI for

10 years with a fine of Rs.4,000/- with default stipulation by IV

Additional Sessions Judge, Dabra, District Gwalior (M.P.) vide

judgment of conviction and order of sentence dated 26.08.2021

in Sessions Trial No.15/2020; an appeal, at the instance of the

appellant/petitioner, arising therefrom bearing registration No.

Cr.A.5596/2021, is pending consideration before this Court

under Section 374 Cr.P.C. in which appellant/petitioner has

been extended the benefit of suspension of sentence and grant

of bail on 09.05.2023, by allowing the application (IA.No.3851

of 2023) moved under Section 389(1) Cr.P.C.

2. Now, in the backdrop of the aforesaid facts and

circumstances of the case, instant petition is filed questioning

the constitutional validity of the provisions of Section 376(2)(l)

IPC which for ready reference and convenience is quoted

below:

"376. Punishment for rape.-

        (1)   XX     XX     XX
        (2)   Whoever, -
              (a to k) XX XX       XX

(l) commits rape on a woman suffering from mental or physical disability; or

(m) XX XX XX

(n) XX XX XX shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine."

as ultra vires to Article 14 of the Constitution of India

purportedly on the ground that eventually the provisions

contained under Section 376(2)(l) IPC are also covered under

Section 375 IPC.

Section 375 IPC defines rape and Section 376 IPC

defines punishment for rape. Both the provisions, therefore, are

always read conjointly in the context of offence relatable to

rape.

3. We are of the considered view that the arguments

advanced are more of frustration than substance. Therefore, we

decline to countenance to the submissions advanced in the

obtaining facts and circumstances. The instant writ petition, in

fact and in effect, is the misuse of process of law which as such

is miserably misconceived.

4. Consequently, instant writ petition stands dismissed.

                                                     (Rohit Arya)                    (Sanjeev S Kalgaonkar)
                                                       Judge                               Judge
                                     pd

PAWAN

Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

DHARK st=Madhya Pradesh, 2.5.4.20=5da1b3ce5c6aee672b1f51a5cff 5661c113046ab7ebb8031c36dcac4472c 040a, pseudonym=22FE9CB9F7CF0345E7FFA

AR C9031E38DF6A29B4C10, serialNumber=C72B9531562BC6028F5D 6E42E82477C85878470B30E4A7672CCA 523E83C0BCB9, cn=PAWAN DHARKAR Date: 2023.07.11 19:40:27 +05'30'