certain decisions of this Court on
Section 375 of the IPC, Section 90 of the IPC and on consent on
misconception ... clause (e) or clause (g) of sub
section (2) of Section 376 of the Indian Penal
Code (45 of 1860), where sexual intercourse
Indian Penal Code ,
13
Sections 396 , 397 r.w. 395 and Sec. 398 of Indian
Penal Code.
2. The offence punishable under section ... Indian Penal Code is proved. It includes offences
punishable under sections 395 and 398 of Indian
Penal Code, so no separate punishments are given
punishable under section 376 or
section 376-A or section 376-AB or section 376-D or section 376-DA
or section 376 ... Sections carry
the same punishment, thereby rendering Section 376-E otiose. According
to the learned senior counsel, with respect to Section 376 and Section
376
been convicted for the commission of offence
punishable under Section 376 of the Indian Penal Code and
Section 6 of The Protection of Children from ... accused, as such,
has committed the offence punishable under Section 506
of the Indian Penal Code also.
26. For all the reasons discussed hereinabove
appellants were charged for the offences
under Section 376 and Section 120-B IPC.
4. Upon consideration of the oral evidence ... also appellant
no. 2 under Section 120B IPC and Section 376(2)(g) IPC. For
the conviction under Section 120B IPC
thereby convicting the appellant under Section 376(2)(g) of the Indian
Penal Code and directing him to suffer rigorous imprisonment for life ... under Section 164 Cr.P.C. and thereafter, made a prayer for
addition of offence under Section 376(2)(g) of Indian Penal Code before
under Sections 302 / 34 , 376 of Indian Penal Code (hereinafter referred to as IPC ) and Section 3(2)(v) of The Scheduled Castes ... committed error by convicting the appellants under Section 376(D), without framing charge under Section 376(D) IPC. In fact
offence of kidnapping from lawful guardianship, penalized by this section, is the offence, which is defined by Section 361 I.P.C. which provides ... basis of statement recorded under Section 164 Cr.P.C. offence of rape punishable under Section 376 I.P.C. was added
under Sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C, 376D, 376E or Section 509 of the Indian Penal Code ... rape, defined under Section 375 I.P.C. as well as Section 3 of POCSO Act, punishable under Section 376 I.P.C. and Section
punishable under section 376 or
section 376-A or section 376-AB or section 376-D or section 376-DA
or section 376 ... Sections carry
the same punishment, thereby rendering Section 376-E otiose. According
to the learned senior counsel, with respect to Section 376 and Section
376
