Section (2) of Section 31 of the Cr.P.C. cannot be made
applicable to a conviction for life imprisonment under Section 302 IPC ... relevant provisions of Criminal
Procedure Code and Indian Penal Code .
15. Section 31 of the Cr.P.C. relates to sentences in cases
2012 Page 2 of 106
Section 376 (g) of the Indian Penal Code, 1860 and summoned the petitioners
/ accused, namely, Sarat Chander, Praveen Bhargava ... Clause (c) or Clause (d) of sub- section 376 of Indian Penal
Code (45 of 1860) where sexual intercourse by the accused is
proved
Based on these allegations, the police registered FIR under Section 363 , IPC.
On 3rd Nov 2020, the police took the victim ... impose restrictive conditions.
REASONING:
9. Neither S. 376 of the Indian Penal Code, 1860, ( IPC ), nor S. 6 of the Protection
been
sought by the State under Section 378 (3)(b) of the Criminal Procedure
Code, 1973 ( Cr.P.C ) against the judgment dated 28.12.2016 passed ... Track) Case No. 05 of 2016 under Section 376 / 511 Indian Penal
Code ( IPC ). Although charges were framed under Section
though Section 464 CrPC has not
been specifically referred to but the Court altered the
conviction from Section 302 to Section 306 IPC ... provisions of Section 464 CrPC and keeping in
view Section 222 CrPC alone, the conviction of the appellant
therein under Section 306 IPC
Court observed as
follows, "Neither S. 376 of the Indian Penal Code, 1860, ( IPC ), nor S. 6 of the
Protection ... Jayanti Lal Dabgar v. State of Gujarat , (2015) 7
SCC 359]. Section 361 IPC, particularly, goes beyond this simple
presumption. It bestows
wake of report (charge-sheet) under Section
173 of the Code of Criminal Procedure, 1973 ( Cr.PC ) dated
23.08.2016 submitted by the Station House Officer ... Sections 376(2)(n)
and (f), 313 and 506 of Indian Penal Code , 1860 ( IPC ). The
Additional Sessions Judge presiding over
dated 31.12.2014 under Sections
363 / 366A / 365 of the Indian Penal Code, pending before the Court of
Learned Additional Chief Judicial Magistrate, Malda ... 2014 dated 31.12.2014 under Sections
363 / 366A / 365 of the Indian Penal Code was started against the
petitioner.
3
4. Order dated 06.01.2015 reflects
having committed an
offence punishable under Section 376 of the Indian Penal Code
( IPC ). No grievance in the appeal has been ... this case
was punishable under Section 323 and Section 325 read
with Section 148 and Section 149 of the Indian Penal
Code
having committed an
offence punishable under Section 376 of the Indian Penal Code
( IPC ). No grievance in the appeal has been ... this case
was punishable under Section 323 and Section 325 read
with Section 148 and Section 149 of the Indian Penal
Code
