Kanwaljit Singh Ahluwalia, J. - (1.) Instant petition has been preferred under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 to assail the order dt. 19.10.2013 passed by the Sessions judge, Jhunjhunu, whereby petitioner was charged for offence punishable under Secs. 363, 366 and 376(D) of Indian Penal Code and under Sec. 5/6 of the Protection of Children From Sexual Offences Act, 2012. The learned counsel appearing for the petitioners has submitted that in the present case, occurrence pertains to 14.08.2012. It is further submitted by the learned counsel that Ss. 375 and 376 of the Indian Penal Code were amended and the amendment came into operation with effect from 03.02.2013. It is also submitted by the learned counsel that the Protection of Children From Sexual Offence Act, 2012 came into force with effect from 14.11.2012.
(2.) Counsel appearing for the petitioners contended that the amended provisions under the Indian Penal Code and the Protection of Children From Sexual Offence Act, 2012 cannot be applied retrospectively.
(3.) Counsel appearing for the petitioners has relied upon Article 20(1) of the Constitution of India, which reads as under: - "(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.";