sexual intercourse into
its expansive definition of rape in Section 375 of the
Indian Penal Code, which now goes beyond penile-
vaginal penetrative ... definition of Section 375 is
seen, it is clear that two things are common in the offence of Section
375 and Section 377 firstly
against the accused for the offence under Section
376 of the Indian Penal Code.
5. After the examination of eleven witnesses by the prosecution ... would not be
a consent as intended by any Section of the Indian Penal Code , if
such consent was given by the person under
Section 375 which
sets out the ingredients of the offence. In the present case, the
second description of Section 375 along with Section ... under Section 376 IPC were not established. The High
Court has, therefore, proceeded to dismiss the application under
Section 482 of CrPC
sexual intercourse into its expansive definition of rape in Section 375 of the Indian Penal Code, which now goes beyond penile- vaginal penetrative ... definition of Section 375 is seen, it is clear that two things are common in the offence of Section 375 and Section 377 firstly
effect of Section 90 of
IPC but unfortunately, has ignored the definition of "rape" as defined
under Section 375 of IPC ... under
Section 376 of IPC, Trial Court has not considered the definition of
"rape" as defined under Section 375 of IPC
Section 375 which sets out the ingredients of the offence. In the present case, the second description of Section 375 along with Section ... quash such proceedings in exercise of powers u/S 482 Cr.P.C.
15. In Section 375 I.P.C., where the offence of rape
defined under Section 375 IPC which is punishable under Section 376 IPC. Sections 375 and 376 IPC reads thus ... consent was above 16 years as per description six of Section 375 IPC. Hence, the age of the victim is immaterial though according
been observed
thus :-
"14. This Court examined the scope of Section 375
IPC in a case where the facts have some resemblance ... content of the
expression "without her consent" in Section 375 IPC
as well as whether the consent given by woman
believing
having sexual intercourse is rendered irrelevant and
inconsequential.
****
32. Therefore, Section 375 IPC provides for three
circumstances relating to "rape". Firstly ... under any of the seven descriptions given in
Section 375 IPC (non-consensual sexual intercourse).
****
79.2. Secondly, the age of consent for sexual
dated
21.08.2023 registered under Sections 376 , 420 and 406 of the
Indian Penal Code (hereinafter referred to as the " IPC ... offence under Section 376 IPC is
attracted as the crucial ingredients of rape as defined under
Section 375 IPC are absent
