2500 each for
offences under Section 302 read with Section 34 IPC and
Section 201 read with Section 34 IPC, respectively. On
appeal ... Section 397 read
with Section 401 or in its appellate jurisdiction under
Section 377 read with Section 386(c) of the Criminal Proce-
dure Code
377 of
The Code of Criminal Procedure , 1973 (for short,
Cr.P.C .) before the Sessions Judge, Tehri Garhwal,
which was registered as Criminal Appeal ... lower
appellate court has also not followed the procedure
prescribed under sub-section (3) of Section 377 Cr.P.C.
and no reasonable opportunity
principle analogous to the one enshrined in
Section 377(3) of the Code of Criminal Procedure which in term
provides that when an appeal ... sentence.
Learned counsel for the State submitted that Section 377 of the
Code of Criminal procedure is applicable only to an appeal for
enhancement
fact that the new Code of Criminal Procedure has expressly given a right to the State under Section 377 , Cr. PC to appeal against inadequacy ... provisions under Section 401 read with Section 386(c)(iii) Cr.PC are clearly supplementary to those under Section 377 whereby appeals are provided
judgment 29.9.09
JUDGMENT
The present appeal under Section 374 (2) of the Criminal Procedure
Code is filed against the judgment dated 22/8/2006 passed ... Macaulay drafted and introduced the Indian Penal Code in the
time of British India. Section 377 of IPC comes under the heading 'of
unnatural
Court of
Session, Palakkad brought under Sections 363 and 377 of
Indian Penal Code and under Sections 7 and 8 of the
Protection of Children ... said
statement does not contain anything to incriminate
anybody under Section 377 Cr.P.C or under the provisions of
the Protection of Children from
Keshavamurthy, SPP-2)
This Criminal Appeal is filed under Section 374(2)
CR.P.C praying to set aside the order dated 01.03.2011
passed ... Nataraju, Adv. for
M/s P Nataraju Associates)
This Criminal Appeal is filed under Section 377 CR.P.C
praying to modify the sentence imposed
SCALE (1)243
ACT:
Code of Criminal Procedure 1973: Sections 374 , 377 , 386 ,
397 and 401- -Appeal by convicts against conviction and
sentence passed ... clear from a conjoint reading of Sections
377 , 386 , 397 and 401 of Code of Criminal Procedure, 1973,
that if the State Government is aggrieved
conferred under Section 482 of the Code to
quash the criminal proceedings for the non-compoundable
offences under Section 320 of the Code ... husband committing an offence under Section 377
IPC. This Court has exercised its jurisdiction under Section 482 CrPC and
has quashed the FIRs
years R.I. to life sentence u/S
377 IPC.
A plain reading of proviso to Sec 372 Cr.P.C . reflects that ... Court u/S
377 IPC. This cause of inadequate sentence is not available to
a victim for filing an appeal u/S 377
