CRLA/325/2018
2022 Latest Caselaw 1170 UK

CRLA No.325 of 2018
Hon'ble Ravindra Maithani, J.

Mr. Kurban Ali, Advocate for the appellant.

Mr. Lalit Miglani, A.G.A. with Sonika Khulbe, Brief Holder for the State.

In this matter, arguments have already been heard and the judgment was reserved.

While preparing the judgment, the Court noticed that, in fact, with regard to sentence neither the learned counsel for the appellant nor learned State counsel could invite the Court's attention to the Section 42 of the Protection of Children from Sexual Offences Act, 2012, which provides for alternate punishment. In fact, the appellant has been convicted under Section 376 IPC. Is it under Section 376(1) or 376(2)? It is also not clear.

No arguments have been advanced on this point.

When these lines are dictated in the open Court, learned counsel for the appellant as well as the learned State counsel seek time to argue on this aspect.

List this case on 12.04.2022, as a first case.

(Ravindra Maithani, J.) 08.04.2022 Sanjay