Section 375 Fourthly IPC
and Section 493 IPC are akin to each other. Section 376
fourthly IPC fastens ... punishable u/s 376 , 493
and 495 of IPC read with section 120B of IPC. Relevant provision of section
375
section 376 r/w section 511 IPC, will
have to meet the requirements of definition of "rape' given in
section 375 ... IPC. In the entire statement of
the prosecutrix, recorded either in section 161 Cr.P.C or
under section 164
penal code with effect from
3.2.2013 by Act 13 of 2013, the offence of "rape" was defined by
Section 375 IPC ... under section 166A, 354A, 354B, 354C, 354D, 370, 370A,
375, 376, 376A, 376C, 376D, 376E or section 509 of the
Indian Penal Code, then
said
aspect of Section 377 IPC is constitutional and it shall remain a
penal offence under Section 377 IPC ... them would invite penal liability
under Section 377 IPC.
A cursory reading of both Sections 375 IPC and 377 IPC
injury to the genital or
leaving any seminal stains.
Section 375 , Indian Penal Code, defines the
offence of 'rape' and the Explanation ... Section 375 , Indian Penal Code, states that
penetration is sufficient to constitute the
sexual intercourse necessary to the offence
of rape. This Court has accordingly
375 IPC, it is important to firstly consider the section 375
IPC. Section 375 IPC is reproduced as below ... case falls within the definition of rape as provided
under section 375 IPC and is thus punishable u/s 376 IPC
married
man, clause âÂÂFourthlyâ of Section 375 IPC
has no application, the stand is clearly without
substance. Even ... bare reading of clause
âÂÂFourthlyâ of Section 375 IPC makes this
position clear.
17. It is pointed
under:
"14. This Court examined the scope of
Section 375 Indian Penal Code in a case where the facts
have some resemblance with ... content of the expression "without her consent" in
Section 375 Indian Penal Code as well as whether the
consent given by woman believing
pleaded that the charge under Section 376 IPC as defined
under Section 375 IPC was not made out, the Supreme Court ... therefore, the charge of rape under Section
376 IPC as defined in Section 375 IPC has not been made
transgender in view of the definition contained in Section 375
of the Indian Penal Code. He would further submit that since the
applicant had promised ... case of
the prosecution is falling under Section 375 (a) of the Indian
Penal Code; further considering the extent of delay of more than
