DIGAMBER HARINKHEDE Vs. STATE OF M P

JUDGEMENT

(1.) This revision application has been filed against the order dated 24.07.2013 passed by learned Special Judge Balaghat in Special Sessions Trial No.30/2013 framing the charge under Section 376(1) of IPC against the applicants.

(2.) Learned counsel for the applicant submits that alleged offence is said to have been committed on 30.03.2013 and Criminal Law (Amendment) Act 2013 came into force w.e.f. 03.02.2013. Learned counsel submits that as per the prosecution's own case the present applicants pressed the breast of the prosecutrix. Learned counsel submits that if that is the position the case would not come within the definition of rape as envisaged under Section 375 of IPC. Hence, it is prayed that the charge framed under Section 376(1) IPC be quashed.

(3.) On the other hand, Shri Pandey, learned Public Prosecutor submits that learned Trial Court did not commit any error in framing the charge under Section 376(1) IPC.