Magistrate
First Class, Liliya framing additional charge under section 376 of
Indian Penal Code, 1860 and to set aside the order dated
30.12.2020 passed ... offences punishable under sections 354 , 354A and 506(2) of
Indian Penal Code, 1860. Eventually, after completion of
investigation charge-sheet was also filed
offence of criminal conspiracy punishable under section
120B of the Indian Penal Code and in the context of the
criminal conspiracy committed the unlawful acts ... with section 34 and alternatively, read with
section 120B of the Indian Penal Code, within the jurisdiction of
the court.
7.8 Moreover, during the course
police force.
1. Law Commission of India, 42nd Report ( Indian Penal Code ... Commission of India, 69th Report (Indian Evidence Act, 1872 ).
3, Law Commission of India, 42nd Report ( Indian Penal Code ), pages 275-280, paragraphs
under Sections 341 , 354 , 375(b)
and 376(2)(i) of Indian Penal Code, 1860 ( IPC ) read with
Section ... victim under Section 164 of
Cr.P.C.)
5. Further, statement of the Appellant/Accused under
Section 313 of Cr.P.C. was recorded wherein
India and further to declare
Section 377 of the Penal Code (for short " IPC ") to be
unconstitutional. When the said writ ... follows:-
" APPENDIX 4
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CHAPTER 1 : PROPOSED AMENDMENTS TO THE INDIAN
PENAL CODE
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27
7. Section 375 shall be replaced as suggested below:
Section 375
accused appellant. Statement of the accused appellant was recorded under Section 313 Cr.P.C. in which, he had pleaded his innocence and had stated ... appellant is punishable under Section 376 (2) (d & f) of the I.P.C . for which there is a punishment of rigorous imprisonment
accused is
convicted for offence under Section 376(1) of the Indian
Penal Code and sentenced to undergo rigorous
imprisonment for ten years ... accused is further convicted for offence under
Section 354 of the Indian Penal Code and sentenced to
undergo rigorous imprisonment for five years
victim were also recorded. In the statement of under Section 161 Cr.P.C. the victim has stated that her age is about 8 years ... previous version recorded under Section 161 Cr.P.C. in the statement recorded under Section 164 Cr.P.C. as Exbt
finger in
her vagina has been proved beyond reasonable doubt. Section
375(b) IPC provides that insertion of a finger (a part ... conviction under section 376(2)(f)(i) and (n) of the
Indian Penal Code , 1860 (for short „the IPC ‟).
18. The appellant
under Sections 417 and 376 of the Indian Penal Code, 1860
(hereinafter referred to as " IPC ") and charge-sheet ... forceful intercourse" in the context of Section 376 of the
Indian Penal Code, which can include intercourse obtained by deceitful
means like a false
