these circumstances sub-Section (2) of Section 464 Cr.PC
could not be invoked since Sections 376 and 377 IPC were distinct offences ... circumstances, that the Court cannot exercise
jurisdiction under Section 221 Cr.PC or under Section 364 Cr.PC as it is
hardly a case
offences punishable under Sections 354A , 376 and 506
of Indian Penal Code, 1860 ( IPC ) read with Sections 4 and 5 of
POCSO ... under section 166A, 354A, 354B, 354C, 354D, 370, 370A,
375, 376, 376A, 376C, 376D, 376E or section 509 of the
Indian Penal Code, then
Section 482 Cr.P.C. filed by the petitioner for quashing of
FIR No.19/2013 u/s 376 IPC dated 17th January ... without any assurance obviously will not substantiate the offence u/s
376 of the Penal Code.
27. The plea of the complainant that the petitioner
been convicted under Section 109 read with Section
376 and Section 366A of the Indian Penal Code, 1860 (hereinafter referred
to as IPC ... Section
313 , of the Code was confronted with the facts and allegations which are
necessary for conviction under Section 109 r/w Section 376 , IPC
Station („PS‟)
Shahdara, convicting him of the offences under Sections 376 / 302 / 201 Indian
Penal Code („ IPC ‟) and the order on sentence dated ... offence, whether it is murder punishable under
Section 302 IPC or rape punishable under Section 376 IPC. The second
charge
CrPC or under clause (a)(ii) of the proviso to section 167 CrPC?
The answers are: (1) No; (2) The offence under section 376 IPC ... necessary to refer to the relevant portions of Section 167 CrPC and Section 376 IPC. Section 167 CrPC, so much as is relevant
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
Section 375 (sixthly) was 16 years,
learned Trial Court could not have ordered for framing of charges under
Section 376 IPC by giving ... petitioner could not have been charged for the offence under section 376
IPC. He submits that the substantive law cannot have a retrospective
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
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
