Penal Code (45 of 1860), Ss.363, 376-Kidnapping
and Rape-Proof-Age of prosecurtrix-Determination-
Allegations that accused came to house of prosecurtrix ... admissible in evidence.
Penal Code (45 of 1860), S-376-Rape-Proof-School
certificate showing prosecurtrix below 16 years of age-
Said certificate which
2009 19/4
"Penal Code (45 of 1860), S. 376RapeProof
Accused allegedly took prosecturix, a maid
servant to another room and forcibly ... held
that:
"Penal Code (45 of 1860), S. 376 - Rape - Proof
Prosecutrix alleging that accused clandestinely
entered into her house in absence
Penal Code (45 of 1860), Ss 366, 376--Kidnapping and
rape Proof Allegations that accused maternal uncle of victim enticed
her and took away with ... been held
that:
"Penal Code (45 of 1860), S. 376 Rape -Proof Accused
allegedly allured prosecutrix to marry him, abducted her and committed
rape
court held as under:
"14. In cases of gang rape the proof of
completed act of rape by each accused on
the victim ... rape
on victim or victims. Prosecution is not
required to prove actual commission of -
rape by each and every accused forming
group.
11. On proof
State Of Himachal Pradesh vs Sunil Kumar @ Sonu & Another on 15 November, 2019
Bench
this Court as follows:
"14. In cases of gang rape the proof of completed act
of rape by each accused on the victim ... rape on victim or victims.
Prosecution is not required to prove actual
commission of rape by each and every accused
forming group.
On proof
Apex Court that in cases of gang rape the proof of completed act of rape by each accused on the wictim is not required ... rape on victim or victims. Prosecution is not required to prove actual commission of rape by each and every accused forming group
(11) On proof
other valid
aspects. Therefore, the legislature has consciously avoided using the word
rape in the context of spousal relationships, not to protect the spouse ... provision. Critically, the judiciary cannot treat
such disagreements with policy as proof of unconstitutionality. The
decisions of the legislature must be preserved and defended
rape.-
(1) .....
(2) Whoever.-
(a) .....
(b) .....
(c) .....
(d) .....
(e) .....
(f) .....
(g) commits gang rape
'.....
Explanation-1. - Where a woman is raped ... deals with cases of gang rape. Explanation-1 applies to gang rape. Explanation -1 applies to gang rape. By a deeming provision it enacts that
Penal Code (45 of 1860), Ss.363, 376-Kidnapping and
Rape-Proof-Age of prosecurtrix-Determination-Allegations that
accused came to house of prosecurtrix ... admissible in evidence.
Penal Code (45 of 1860), S-376-Rape-Proof-School
certificate showing prosecurtrix below 16 years of age-Said
certificate which
