would
not have been an offence under Section 306 of IPC and the
question of invoking Section 511 with Section 306 does not arise ... victim
would invite prosecution under Section 309 of IPC against him.
Section 511 of IPC has been incorporated with the different
purposes. The gist
appellant/A-1 was found guilty under Section 376(2)(c) r/w. Section 511 I.P.C. and Section ... attempt, the appellant/A-1 was convicted under Section 376(c) r/w. Section 511 I.P.C. The learned Counsel also would point
invoking Section 374 of Cr.P.C., original accused husband,
who alone is convicted for offence under Sections 498A and Section
511 ... weak
evidence in support of charge of Section 498-A IPC.
Charge under Section 511 r/w 313 IPC :
20. Section 511 and Section
merely assault
under Section 354 IPC and not an attempt
to commit rape under Section 376 read with
Section 511 IPC..."
15.i. Learned ... Section 375 of the IPC punishable under Section
376 of the IPC to demonstrate whether the conviction of the
appellant under Sections 376 / 511
held that the plea relating to applicability of Section 376 read with Section 511 IPC needs careful consideration. In every crime, there is first, intention ... offence under Section 354 IPC is complete. But in order to commit an offence under Section 376 read with Section 511 IPC, as stated above
Section 397 of the Code of Criminal
Procedure, 1973 (hereinafter "Code") read with Sections 401 and 482 of the
Code [now under Section ... Section 18(c) of the Cosmetics Act.
5. Thereafter, learned ASJ passed the impugned order, wherein, charges
under Sections 420 / 511
essential scaffolding of
Section 315 IPC read with Section 120-B IPC remains
unconstructed.
VI. Attempt under Section 511 IPC- Proximity and
Intent ... reference to the statutory ingredients of Section 315 IPC and
the legal requirements of attempt under Section 511 IPC,
afford adequate opportunity of hearing
offence under Section 448 of the Indian Penal Code; Rs. 500/- for the
offence under Section 376 / 511 ... Court held:-
"The plea relating to applicability of Section
376 read with Section 511 , IPC needs careful
consideration. In every crime, there is first
Section 7 of
28
the POCSO Act and also under Section 354-B of IPC but
not under Section 376 r/w sec. 511 ... Section 354-B of IPC but certainly do not attract
the offence punishable under Section 376 r/w sec.511
36
of ICP and Section
under :-
"8. The plea relating to applicability of Section 376
read with Section 511 IPC needs careful
consideration. In every crime, there is first ... accused was acquitted of
charge under Section 376 but he was held liable
for conviction under Sections 354 / 511 IPC."
52. The Court
