I.P.C. but converted the Section 376 D into Section 376 I.P.C and held that prior to the amendment ... IPC is maintained.
2. The conviction under Section 376D IPC and Section 6 POCSO Act is modified under Section 376 IPC
under sections 366 / 34
IPC and 365/34 IPC . Ismile was also charged for the offence
punishable under section 376 IPC ... offences punishable under section 365 / 34 IPC. Ismile was also
convicted foe offence punishable under section 376 IPC. Ismile vide
Signature
view of the legislative mandate as contained in Section 228-A of the Indian Penal Code and the observation made by the Apex Court ... Section 161 Cr.P.C. including Dr. Jyotsana Bhatiya and thereafter submitted the charge sheet against the accused-appellant under Section 376 IPC
order on sentence from Section 376 Indian Penal Code, 1860 to Section
354 Indian Penal Code, 1860. To this effect, relevant paras are as
under ... accused was altered from Section 376 Indian Penal
Code, 1860 to 354 Indian Penal Code , 1860.
53. Therefore, keeping the above discussion and the settled
Special Court
under Section 6 of the POCSO Act shall stand altered to
the conviction under Section 376 of IPC.
18. Insofar ... accused under Section 6 of the
POCSO Act shall stand altered to the conviction under
Section 376 of the IPC. As a result
Suresh Barua was tried for an offence under Sections 457 / 376 of the Indian Penal Code (hereinafter referred to as IPC ), for commission ... ground of arrest under Section 376 I PC and submitted charge sheet under Section 376 as well as 457 IPC .
10. Except
offence
under section 376 of Indian Penal Code.
13. Explanation to Section 375 of Indian Penal
Code provides that penetration during sexual
intercourse is sufficient ... read with Section 511
of Indian Penal Code, but, it would only amount to
an offence under Section 354 of Indian Penal Code.
The Honourable
sections 166A, 354A,
354B, 354C, 354D, 370, 370A, 375, 376, [376A,
376AB, 376B, 376C, 376D, 376DA, 376DB], [376E,
section 509 of the Indian Penal Code ... Section 4 of the POCSO Act. Said
argument looses its significance in view of the fact that
punishment prescribed under Section 376 of IPC
submit that instead of Section 4 of the POCSO Act, the appellant/accused can be convicted for offence under Section 376 I.P.C. Thus ... rape as defined in Section 375 I.P.C. If rape as defined in Section 375 I.P.C., is committed, as a child
really an attempt to commit rape punishable under Section 511 of Section 376 , IPC.
16A. The argument now advanced by the prosecution that ... offence of attempt to commit rape punishable under Section 511 of Section 376 , IPC and is convicted thereunder.
18. What now survives
