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2019 Supreme(Bom) 803

B.P.DHARMADHIKARI, REVATI MOHITE DERE
Mohd Salim Mohd Kudus Ansari – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Yug Mohit Chaudhary, Adv., Ragini Ahuja, Adv., Payoshi Roy, Adv., A.A. Kumbhakoni, Adv., Ashutosh Kulkarni, Adv., Gaurav Sharma, Adv., Chandni Sachade, Adv., Sagar Ghogare, Adv., Mrinalika Devarapalli, Adv., S.B. Lolage, Adv., J.P. Yagnik, Adv., Anil C Singh, Adv., Sandesh Patil, Adv., Manjiri Parasnis, Adv., Aditya Thakkar, Adv., Geetika Gandhi, Adv., Amogh Singh, Adv., Carina Xavier, Adv., Divya Pawar, Adv., D.P. Singh, Adv., Aabad Ponda, Adv., Karma Vivan, Adv., Ashish Raghuvanshi, Adv., Bhomesh Bellam, Adv.

JUDGMENT :

REVATI MOHITE DERE, J.

1. The constitutional validity of Section 376-E inserted in the Indian Penal Code ('IPC') by the Criminal Law (Amendment) Act of 2013, with effect from 3rd February 2013, is under challenge before us, in these petitions. The said Section reads thus :

"376-E. Punishment for repeat offenders:-

"Whoever has been previously convicted of an offence punishable under section 376 or section 376-A or section 376-AB or section 376-D or section 376-DA or section 376-DB, and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death".

2. These petitions arise in somewhat peculiar circumstances. The petitioners were tried for the offence punishable under Section 376 of the IPC and other offences, in two cases i.e. in Sessions Case Nos. 914 of 2013 and 846 of 2013. Both the cases were tried simultaneously and on 20th March 2014, the order of conviction was pronounced in both these trials. The Sessions Court adjourned the cases to 21st March 2014 for hearing the petitioners on the point of sentence. On the sai




























































































































































































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