Hon'ble JAIN, J.—Heard the learned counsel for the parties.

2. This appeal is directed against the order of acquittal passed by the trial Court acquitting the accused-respondent from the charge for the offence under Section 376 IPC.

3. Rule 55, Clause (viii) is reproduced as under:-

"(viii) a criminal appeal, application or reference under the Code of Criminal Procedure, 1973 or any other law except an appeal, application or reference in a case in which a sentence of death or imprisonment for life has been passed and in criminal matters against acquittal arising out of offences punishable only with death or imprisonment for life."

4. Section 376 is also reproduced as under:-

"376. Punishment for rape.-(1) whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

Provided that the court may, for adequate and special reasons reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever, -

(a) being a police officer commits rape-

(i) within the limits of the police station to which he is appointed; or

(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or

(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or

(g) commits gang rape

shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years."

5. Since criminal matters against acquittal arising out of the offences punishable only with death or imprisonment for life are to be listed before the Division Bench, whereas the offence under Section 376 IPC is punishable with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to 10 years, if the accused is to be punished under sub-section (1) and in case accused is to be punished under sub-section (2) of Section 376 IPC, then the punishment is rigorous imprisonment for term which shall not be less than 10 years but which may be for life and shall also be liable to fine.

6. Since offence under Section 376 IPC is not punishable only with death or imprisonment for life, therefore, it is directed that this appeal be placed for hearing before appropriate Single Bench.

7. The Registry is directed to place all such criminal appeals in future before appropriate Single Bench.

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