upholding the conviction of
the appellant under Section 376 of the Indian Penal Code reduced
the sentence to two years rigorous imprisonment and a fine ... appellant to
seven years rigorous imprisonment under Section 376 of the Indian
Penal Code and a fine of Rs.20,000/- and in default
said to
be an act done without consent, the Indian Penal Code
categorizes these two expressions under separate heads in
order to be as comprehensive ... course, the
ultimate conclusion depends on the facts of each case.
Indian Penal Code does not define 'consent' in positive
terms, but what
statement of appellantaccused was
5
recorded under Section 313 of the Cr.P.C. wherein he denied the
circumstances appearing against him and pleaded ... clause (g) of sub
section (2) of Section 376 of the Indian Penal
Code (45 of 1860), where sexual intercourse by
the accused is proved
informant was recorded under Section 164 of the Code of
Criminal Procedure, 1973 (in short the Code) wherein it was
accepted that first with ... statement recorded under Section 164 of the Code shows that
Section 406 has no application. Section 406 IPC relates to
punishment for criminal
police filed a
report charging offences under Sections 376 and 417 IPC against the
accused. The case was tried by the Additional Sessions ... examined and Exh. P1-P4
were marked. When questioned under Section 313 Cr.P.C., the accused denied
all incriminating evidence.
5. PW2 deposed that
under Section 302 read with Section 34 of the Indian Penal
Code and Section 342 read with Section 34 of the Indian Penal
Code ... convicted them under Section 302 / 342 read with Section
34 of Indian Penal Code. However, learned trial judge acquitted
A-6.
13. Being aggrieved
well as Section 109 of the Indian Penal Code, 1860 (in short the ` IPC '). He
was sentenced to undergo rigorous imprisonment ... offences punishable under Sections
376 , 511 , 366 and 109 of the Indian Penal Code. The prosecution examined
15 witnesses to prove its case. The appellant
before the Judicial Magistrate I, Hardoi, where her
statement under Section 164 Cr.P.C. was recorded by the
Judicial Magistrate ... offences punishable under Sections 363 , 366 , 368 and 376 of
the Indian Penal Code ( IPC ); A-2 was chargesheeted under
Sections
offence punishable under Sections 302 and 307 of the
Indian Penal Code, 1860 (in short ‘ IPC ’).
2) Brief facts ... under Section 164 of the Code of Criminal Procedure, 1973 (in short ‘the
Code). After conclusion of the investigation, the police submitted charge-
sheet against
2017)
This criminal appeal has been filed under Section 374 of Cr.P.C.
against the judgment of conviction dated 22.2.2012 passed by 7th
Addl ... Lokesh @ Mukesh guilty for the offence under Section 376(I) of IPC
and sentenced him to undergo ten years RI with fine
