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MOHD. FIROZ versus THE STATE OF MADHYA PRADESH

Diary Number32785 / 2022Judgment
Case NumberR.P.(Crl.) No.-000282 / 202221-10-2022 (English)
Petitioner NameMOHD. FIROZ
Respondent NameTHE STATE OF MADHYA PRADESH
Petitioner's AdvocateSATYA MITRA
Respondent's Advocate
BenchHON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE S. RAVINDRA BHAT, HON'BLE MS. JUSTICE BELA M. TRIVEDI

MOHD. FIROZ versus THE STATE OF MADHYA PRADESH

2. The Court after hearing the learned counsel for the parties passed the following order on 19.10.2022: 

"Instant Miscellaneous Application is treated as Review Petition and be registered as one by the Registry. Oral hearing in the matter is permitted. ( 2)(i) and 376 (2)(m) of the IPC as well as under Section 6 of the POCSO Act. C) Though, the amendments to Section 376 were brought in force before the offence was committed by the appellant-accused, the amendment to the provisions of POCSO Act was brought into force, well after the offence was committed. ( D) In the circumstances, the sentence of life imprisonment with qualification for "remainder of his natural life" could not have been awarded in respect of offence punishable under Section 6 of the POCSO Act. (

3. At the outset, it may be noted that though the applicant/appellant had filed the application seeking clarification of the judgment dated 19.04.2022 passed in the captioned appeal, the applicant had in fact sought a review of the said judgment as regards the sentences imposed by the court for the offences under Sections 376(2)(i) and 376(2)(m) of IPC and Section 5 (i) and 5 (m) read with 
Section 6 of the POCSO Act. Having regard to the submissions made by the learned counsel for the parties, the application was treated as Review Petition by the Court and the Registry was directed to register as such, vide the aforestated 
Order dated 19.10.2022.
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