whereby he has been convicted for the offence punishable
under Section 376 Indian Penal Code (' IPC '-for short) and has
sentenced ... rape on the prosecutrix and thereby committed
an offence punishable under Section 376 IPC and within the
cognizance of the Court of Session
376C and 376D I.P.C.
"Rape" is defined in Section 375 I.P.C.
Sections 375 and 376 I.P.C. have ... legal jugglery.
It is to be noted that in sub-section(2) of
Section 376 I.P.C. more stringent punishment
can be awarded taking
inter-alia u/s 376 IPC, 377 IPC ,
376/109 IPC , 377/109 IPC . But vide order ... offences u/s 376 IPC, 377 IPC , 376/109 IPC , 377/109 IPC framed
against the accused
Number : 295/10
Police Station Punjabi Bagh,
Under sections 376 , 496 , 420 of the Indian Penal Code.
Date of filing of the charge sheet before ... Station Punjabi Bagh, Delhi for the offence under sections
376 / 496 / 420 of the Indian Penal Code (hereinafter referred to as the IPC
Number : 273/11
Police Station Hari Nagar,
Under sections 376 , 506 of the Indian Penal Code.
Date of filing of the charge sheet before ... Station Hari Nagar, Delhi for the offence under sections
376 / 506 of the Indian Penal Code (hereinafter referred to as the IPC
Report Number : 102/11
Police Station Nangloi,
Under sections 363 / 376 of the Indian Penal Code.
Date of filing of the charge sheet before ... 2011, Police Station Nangloi,
Under sections 363 / 376 of the Indian Penal Code.
State versus Kapil -:: Page 1 of 62 ::-
-:: 2 ::-
JUDGMENT
"To call
High Courts that despite
stringent provisions for rape Under Section 376 Indian
Penal Code, many Courts in the past have taken a softer
view while ... punishment, by taking aid of the proviso to Section
376(2) Indian Penal Code. The above trend exhibits stark
insensitivity to the need for proportionate
under Section 173 , Cr.P.C.) was presented before the learned Area
Judicial Magistrate.
7. Since the offence punishable under Section 376 , IPC ... report under Section 173 ,
Cr.P.C. (Ex. D1) wherein also the Sections are mentioned as 376/511
and 506, IPC
recorded by the learned trial court as far as offence under
section 376 IPC is concerned.
2. Being agreed by the aforesaid judgments ... while acquitting
the accused of offence under Section 366 IPC, maintained the
conviction under Section 376 IPC and reduced the sentence
court can be directed to
frame charge under Sections 354 IPC instead of Section 376 IPC.
6. On the other hand ... also not possible to frame charge
under Section 354 IPC in stead of Section 376 IPC since prima facie case
