paragraph nos. - 46 to 51)
(ii) Conviction under Section 376(DB)
of IPC and sentence of hanging by trial
Court - Affirmed - Sentencing Policy ... Criminal Law (Amendment)
Ordinance, 2018, 307 of IPC, (appellant Asif has been convicted and
Section 307 read with Section 34 of IPC
prosecutrix was also
got done, statement u/sec. 161 Cr.P.C was recorded. All the exhibits which
were handed over by the doctor ... Clause (g) of sub section (2) of
section 376 of the Indian Penal Code, where
sexual intercourse by the accused is proved
and the question
2011
registered under Sections 363 / 376 / 506 of the Indian Penal Code,
1860 (hereinafter referred to as ' IPC ') at Police Station ... conviction of the appellant under
Sections 363 / 376 / 506 of the Indian Penal Code is upheld. The
appellant is stated to be in Judicial Custody
prosecutrix were medically
examined. Statement of prosecutrix under section 161 Cr.P.C and 164 Cr.P.C
were recorded. Prosecutrix was produced before ... Charge against the accused:
2 Prima facie case under section 363 / 366A IPC, 4 POCSO Act
and in the alternative under section
prosecutrix refused to undergo medical examination. Statement of
prosecutrix under Section 164 Cr.P.C was got recorded and was got
counselled through ... court.
Charge against the accused:
2. Prima facie case under section 363 IPC, 4 POCSO Act and in
the alternative under Section
Cr.P.C . was also recorded. After the completion
of investigation(s) a charge-sheet u/s 363 / 366 / 376 / 506 IPC ... circumstances, prosecution
evidence stands closed. Statement of the accused U/s 313 Cr.P.C .
stands dispensed with, as no incriminating evidence has come
with her and thereby accused committed offence
punishable U/s. 363/366 IPC . It is also the case of the
prosecution that prosecutrix ... prosecution,
connecting the accused with the crime his statement U/s. 313
Cr.P.C was dispensed with.
5. I have heard the final arguments
Court convicted the accused under Sections 363 , 366 and
376 (2)(g) I.P.C. and sentenced him to various terms of imprisonment and
fine ... further period of six months under
Section 376(2)(g) I.P.C. The High Court partly allowed the appeal and
while upholding the conviction
This appeal under Section 378 (3) of Criminal Procedure Code (in short ' Cr.P.C .'), at the behest of the State, has been ... Devi, Viresh Kumar, Arvind Kumar and Rajveer under Sections 363 & 366 IPC. The case being exclusively triable by court of session
Police Station : Civil Lines
Under Section : 363/366/376 IPC
Judgment pronounced on : 17.04.2013
JUDGMENT
The case in hand was registered ... accused was
charged for offences punishable under Sections 363 / 366 / 376 IPC, he
pleaded not guilty and claim trial when the charges were
