MAHAVIR PRASAD Vs. STATE (RAJASTHAN)(JAIPUR BENCH)

JUDGEMENT

(1.) Present appeal has been filed to assail the impugned judgment dated 2.12.1994 rendered by the Court of Sessions Judge, Kota. The said court held the appellant guilty of offence under Section 376 IPC and by a separate order of even date sentenced the appellant as under:-

(2.) It may be noted here that the trial Judge had not awarded the minimum sentence of seven years prescribed under Section 376 IPC. No appeal for enhancement of sentence has been preferred by the State of Rajasthan.

(3.) Shri M.K. Kaushik, learned counsel for the appellant, has read the statement of the prosecutrix (PW.2) (name withheld to protect her identity). Shri Kaushik having read the statement of the prosecutrix (PW.2) has stated that he will assail conviction of the appellant for offence under Section 376 IPC, but it was contended that the appellant, on the date of occurrence, was a juvenile and therefore, due to retrospective operation of the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000, the appellant is to be treated as a juvenile. The trial Judge in the order of sentence has held as under:- ...[VERNACULAR TEXT OMITTED]...