JAYESHBHAI SHIVABHAI RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners were initially charged with the offences punishable under Sections 376, 506(2) and 114 of the Indian Penal Code. During the pendency of the case against them, an application Exh.5 in Sessions Case No.44 of 2014 in the Court of learned Additional Sessions Judge, Panchmahals at Godhra came to be tendered for addition of Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 ( for short "the Act" ) which came to be allowed by impugned order dated 22.08.2014 whereby the learned Additional Sessions Judge decided to frame the charge under the said provisions. As a consequence thereof the case was renumbered as Special Case No.22 of 2014 (Sessions Case No.44 of 2014. At the instance of the petitioners, by an order below Exh.6 the impugned order was stayed for a period of 15 days.

(2.) SHORT issue involved in this petition is as to whether the law not in force on the date of commission of the offence can be invoked against the accused persons. Relying heavily upon Article 20 of the Constitution of India, the learned counsel for the petitioners would contend that such a charge cannot be sustained as it would be unconstitutional.

(3.) SUPPORTING the impugned order the learned APP would contend that the relevant date for charging an accused would be the date of the lodgment of the FIR which was done in the present case only in the year 2013 when the aforesaid law was in force.