found guilty for the offence punishable
under Sections 376 / 511 of Indian Penal Code and was
sentenced to undergo rigorous imprisonment for seven
years.
Facts ... consideration pertains to the correct and appropriate
sections of the Indian Penal Code under which the
appellant is required to be convicted according
conviction under
Section 376(2)(f) read with Section 511 of Indian Penal Code
(for short, “ IPC ”) has been set aside and instead ... punishable, depending upon the intent and import of the penal
laws.
14. Section 511 IPC is a general provision dealing with attempts
provisions of Section 366A and Section 372 read with Section 511
Indian Penal Code, 1860 (for short ` IPC ') and requiring each ... persons
both under Section 366 A and 372 read with Section 511 IPC. On the
question of sentence the learned Single Judge held
IPC or under s. 376 read with s. 511 IPC but
only one under s. 354 IPC ... Section
376 IPC or under Section 376 read with 511 IPC but only one
under Section 354 IPC
Kashmir dated 2.3.1993. convicting the appellant under Section 376 read with 511 I.P.C . and sentencing him to undergo rigorous imprisonment for a period ... offence of "attempt to commit rape" under Section 376 / 511 I.P.C. of the prosecutrix Mst. Rajni, a student of the same
convicted by
the Sessions Judge, Satara for offences under Section 376
Indian Penal Code ( IPC ) and Section 57 of the Bombay
Children ... IPC could not have
convicted the accused for an offence under Section 354 IPC.
Section 511 IPC provides punishment
offence'
and is exactly what the provisions of s. 511 , Indian Penal
Code, require. The relevant portion of s. 511 is:
"Whoever attempts ... refer to some decided cases on the construction of s.
511 , Indian Penal Code.
In The Queen v. Ramsarun Chowbey (1) it was said
were also charged with offences under Section 201 / 511 , I.P.C. The learned trial Judge convicted Accused 1 to 8 both under Section ... I.P.C. The other accused were acquitted of the charge under Section 302 / 34 , I.P.C. For the offence under Section 201 / 511
Kashmir dated 2.3.1993. convicting
the appellant under Section 376 read with 511 I.P.C . and
sentencing him to undergo rigorous imprisonment for a period ... offence of "attempt to commit rape"
under Section 376 / 511 I.P.C. of the prosecutrix Mst. Rajni,
a student of the same
fine
for the offence under Sections 376 / 511 IPC and in default of payment
of fine, to undergo two more years of imprisonment ... maintaining the sentence awarded for offences under Sections 376 read
with 511 IPC .
12. By filing this appeal against the said judgment
