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2018 Supreme(Del) 3112

VIPIN SANGHI, I.S.MEHTA
Sunil Kumar Sharma – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Respondent: Mr. Vikram Jetly, CGSC

ORDER :

Vipin Sanghi, J.

CRL.M.A. 29625 of 2018

By this application, the applicant seeks condonation of 38 days delay in re-filing the petition. In our view, this application is misconceived considering the fact that there is no limitation prescribed for filing of the writ petition.

2. The application stands disposed of.

W.P.(CRL) 2360 of 2018

3. The petitioner has preferred the present writ petition to seek the relief, in public interest, of striking down the Criminal Law (Amendment) Ordinance No. 2/2018 dated 21.04.2018 whereby amendments have been made to the Indian Penal Code, the Indian Evidence Act, the Code of Criminal Procedure and the Protection of Children from Sexual Offences Act, 2012. The purport of all the said amendments is to enhance the punishment for rape of girl child below twelve years of age; and girl child between twelve and sixteen years of age.

4. The submission of the petitioner are contained in paras 9 and 10 of the writ petition. The said paragraphs read as follows:

"9. That the Govt. of India has promulgated the ordinance regarding enhancement of sentence to death for rape committed on a girl below the age of 12 years and in case of criminals for rape with the g





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