accused had
sexually exploited PW-4 by making attempt to commit rape,
committed aggravated sexual assault on her by touching her
private parts. According ... case of rape. There are two charges, one is attempt to
commit rape and another is committed aggravated sexual
assault by touching her private part
amendment of 2013, also prescribed the punishment in certain
aggravated forms of offence of rape which do not have much
relevance for the present discussion ... Section 376-A to 376-D)
which deal with aggravated form of the offence of rape. In present
case, we need not dwell
victim girl,
knowing that the victim girl is a minor, committed
rape and aggravated penetrative sexual assault on
the victim girl repeatedly and thereby committed ... alone in the house, the
accused herein being her father committed rape on her under
threat and against her will. Hence, the accused has committed
State vs Dinesh Chand Yadav on 9 December, 2016
IN THE COURT OF SMT. SARITA
Sachin Kumar Singhraha vs The State Of Madhya Pradesh on 3 March, 2016
(1)
Criminal
Sunil @ Balikaran Sahu vs State Of Chhattisgarh on 30 August, 2016
Cr.Ref.No.2
Ishwari Lal Yadav vs State Of Chhattisgarh on 1 December, 2016
Bench: Deepak Gupta , Sanjay
intention of
committing rape. Thus, the entire acts, having a clear intention
to commit rape, comes within the definition of 'rape ... aggravated sexual assault. In the case on hand, no such act is
involved and as such it cannot be held as an aggravated sexual
assault
only was the rape
committed in a brutal manner but murder was also
committed in a barbaric manner. The rape of a minor girl
child ... long way to establish the
aggravating circumstances.
44.Now in the present case the accused, appellant had raped a
minor girl. There was bleeding
criminal. What is the relative weight to be
given to the aggravating and mitigating factors,
depends on the facts and circumstances of the
particular case ... only the rape was committed in a brutal manner but
murder was also committed in a barbaric manner.
The rape of a minor girl child