Indian
Penal Code, rigorous imprisonment of 3 years and a fine of
Rs.3,000/= under Section 366 of the Indian Penal Code and
rigorous ... amendment to Section 375
of the Indian Penal Code the post amendment to Section 375 of the
Indian Penal Code shall be applicable, the learned
Section 376 in The Indian Penal Code -
376. (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall
be punished ... proviso (a)(i) to section 167 CrPC. Leaving
aside the proviso to section 376(2) IPC for the time being,
the punishment prescribed
offence of rape within the meaning of Section 375 IPC. Section 375
IPC is only attracted when a man indulges ... under Section 227 CrPC was dismissed.
Hence the present CRR 2848 of 2013.
Heard the parties. Considered the materials on record.
Section 376 IPC
under sections 166A, 354, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C, 376D, 376E or section 509 of the Indian Penal Code, then, notwithstanding ... Indian penal Code as provides for punishment which is greater in degree.
In the case in hand, the appellant was convicted under section 376 IPC
relationship
between the parties would not constitute an offence under
Section 376 Indian Penal Code. Especially because the
complainant was a major on the date ... that the first information report registered
under Sections 328 , 354 and 376 of the Indian Penal Code
against the Appellant-accused, and the consequential
chargesheet
vehemently argued that learned counsel below while holding accused guilty
.
under Section 376 IPC, miserably failed to appreciate the evidence in its right ... below rightly held the accused guilty of having committed offence under
Section 376 IPC.
9. I have heard the learned counsel
convicted
by imposing maximum punishment for an offence
punishable under Section 376 IPC. In support of his
arguments, learned advocate Mr. Kureshi placed ... years and nine months for
an offence punishable under Section 376 IPC is ridiculously
Page 13 of 32
HC-NIC Page
offences punishable under
Section 376 of Indian Penal Code (for short, 'the IPC ')
and Sections 3 and 4 of the Protection ... appellant is acquitted of the charges for
offences punishable Section 376 of Indian Penal Code
and Section 4 of the Protection of Children from Sexual
with
her. The important ingredient of the offence under Section 375
punishable under Section 376 IPC is penetration which is
altogether missing ... IPC. The offence committed squarely covers the
ingredients of Sections 366 and 354 IPC. The appellant was
charged under Sections 376
appellant has been convicted under Sections 354, 376 read with section 511 of The Indian Penal Code (in short " ... successfully proved the charges against the appellant under Sections 354 , 376 read with Section 511 , I.P.C. beyond reasonable doubt and thereby convicted
