other sexual
offence against women or children. The specific question whether
section 482 of Cr.P.C. could be invoked to quash a criminal case ... Kerala and Another8 held that cases involving offence under
section 376 of IPC are not fit for the exercise of discretion under
judgment, the appellant has been convicted and sentenced for offence under Section 376 IPC for fifteen years rigorous imprisonment and fine ... Section 164 Cr.P.C. was recorded on 28.1.2015. After collecting the medical paper, charge sheet was filed against the appellant under Section 376 IPC
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
offence, in view
of provisions of Section 377 of the Indian Penal Code.
Thereby, the provisions of Section 376 would not attract.
Therefore, learned Sessions ... 376 of the Indian Penal Code.
21
18. Learned SPP-I further contended that prior to
amendment of the Indian Penal Code in the year
OFFENCE PUNISHABLE UNDER SECTIONS 376, 376(2)(N), 354,
323, 406, 504, 506 READ WITH 34 OF INDIAN PENAL CODE ,
PENDING ON THE FILE ... ingredient
of rape under Section 375 of the IPC, for it to become punishable
under Section 376 of the IPC
statement under Section 161 Cr.P.C. has not properly been appraised by the the Court concerned, consequently offence under Section 376 ... woman against whom offence under several sections of I.P.C . including Section 376 I.P.C. has been committed. He has also placed reliance
Parliament, which made significant changes in the Indian Penal Code 1860, Indian Evidence Act 1860, Code of Criminal Procedure 1973 and Protection of Children from ... further to amend the Indian Penal Code, Indian Evidence Act, 1872 , the Code of Criminal Procedure , 1973 and the Protection of Children from Sexual Offences
Based on her statement under Section 164 Cr.P.C. the offence under Section 376 (2)(g) IPC was added in case Crime ... under Section 363 read with 34 IPC and Section 366 read with 34 IPC . In addition charge under Section 376 IPC
considered
relevance of statement recorded under section 164 of the Code and
observed that charges under section 376 IPC could be framed even ... made under Section 164 Cr.P.C.
disclosing the offence of rape shall be sufficient to frame
charges under Section 376 of IPC
accused for the offences punishable under Sections 344,
363, 376 read with Section 34 of IPC, under Sections ... Section 363 of IPC and the accused
Nos.1 to 5 committed the offence under Section 344
read with Section 34 of IPC
