offences of gravest
nature and inflicted death penalty to an offender convicted of rape
of a child and her murder. In back drop of this ... rape. However in
Shivaji, the Supreme Court was considering a case where the child
was murdered after raping her. In this case the convict, after
offence as we find from the facts of the case was rape. The convict appellant had no intention to murder the victim ... rape was committed on the impulse of the moment and in order to wipe out the evidence of rape, the convict-appellant wiped
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 ... than one in order to find the accused guilty of gang rape and convict them Under Section 376 IPC."
53. Thus, the above observations
them, forcibly taken inside the tailoring shop and
subjected to rape by the convict Dinesh and at that time he
was pressing her breasts. Explanation ... than
one in order to find the accused guilty of gang rape
and convict them under Section 376 IPC."
14. Similar view has been
Chakuli was missing. Hence, ASI Chigare
inferred that the accused might have raped Chakuli and committed her
murder, hence, he lodged complaint on behalf ... investigation that the accused had kidnapped the minor girl Chakuli,
committed rape on her and then committed her murder. After
completion of investigation, the charge
instant reference and appeal.
(C) CONVICTS/APPELLANTS ARGUMENTS
(29) Shri Amar Singh, learned Amicus Curiae appearing on behalf of convict/appellant no.1-Santosh Kumar ... been able to say that the convict/appellant caused the death of deceased or he committed rape.
VII. that P.W.1-Sri Prem Chandra
crime of rape, Supreme
Court had expressed thus:
Crl. A. 1387/2012 Page 8 of 15
"Rape or an attempt to rape ... than seven years cannot be imposed.
While imposing sentence on persons convicted of rape, the court must
be careful and must not overlook requirement
appears that the victim
disclosed to her that the convict/appellant raped her and as a result she
became pregnant and gave birth ... nothing came concrete to finger
point that it is the convict/appellant who committed rape and assaulted
the victim.
So on careful analyzes
Exception-6 of
: Section 6375 oF IPC and it amounts to rape, convicted the
accused for an offence punishable under Sections
kidnapping of the
prosecutrix (PW-1) and thereafter for committing gang rape, convicted them
under Sections 363 , 376(2)(g) of the Indian Penal Code ... convicted as they involved for the kidnapping and they were convicted on the
basis of explanation 1 given for the definition of deemed gang rape
