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Showing contexts for: section 511 in Md. Kalam vs State Of Bihar on 13 June, 2008Matching Fragments
Dr. ARIJIT PASAYAT, J
1. Challenge in this appeal is to the judgment of a learned Single Judge of the Patna High Court dismissing the appeal filed by the appellant by which he had questioned the correctness of conviction for offence punishable under Section 376 read with Section 511 of the Indian Penal Code, 1860 (in short the `IPC') and sentence of 10 years rigorous imprisonment and fine of Rs.500/- with default stipulation, as imposed by learned Additional Sessions Judge I, Katihar.
2. Background facts in a nutshell are as follows:
First Information Report was lodged on 27.11.1997 by mother of the victim, aged about 6 years, alleging that the appellant had taken the victim to a lonely place and forcibly raped her on 25.11.1997. The victim suffered terrible pain. Persons of the locality tried to intervene in the matter and there was some delay in lodging the FIR. Investigation was undertaken and charge sheet was filed for alleged commission of offence punishable under Section 376 IPC. The victim was examined as PW-6 while her mother, the informant was examined as PW-4. The trial Court and the High Court relied on the evidence of PWs 4 and 6 to hold the appellant guilty of offence punishable under Section 376 read with Section 511 IPC and sentenced him as afore-noted. The appeal before the High Court did not bring any result.
3. Since the age of the victim was 6 years at the time of incident, the appropriate conviction would have been under Section 376(2)(f) IPC if conviction would have been for rape. Under Section 376(2)(f) the permissible sentence is life sentence with minimum of 10 years.
4. Section 511 IPC reads as follows:
"Punishment for attempting to commit offence punishable with imprisonment for life or other imprisonment- Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both."