Indian Kanoon - Search engine for Indian Law

Kaziman Gurung vs State Of Sikkim on 26 July, 2017 Author: Bhaskar Raj Pradhan Bench

Section 71 IPC, in the backdrop of Section 220 CrPC." 71. Section 71 IPC would thus be attracted. The convict ... offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences

offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860 ), sentence him for such offences ... backdrop of Section 220 CrPC." 25. In the light of the law enunciated from reading Section 71 of the

under Section 511 IPC for attempting to commit the offence of Section 354B IPC was also bad in law. 14. Section ... Section 8 of the POCSO Act, as well as Section 354 IPC and held as under: "However, the provision of Section 71 IPC

POCSO Act also stands proved. 22. Section 42 of the POCSO Act and section 71 of the IPC have, however, not been considered ... disrobing the victim in order to rape her. In view of section 71 IPC, the sentence cannot stand. Consequently, we set aside the sentence

Prem Rai @ Sambhu Rai vs State Of Sikkim on 7 June, 2019 Equivalent citations: AIRONLINE

under section 506 IPC have also been sufficiently made out. However, in view of section 220(5) Cr.P.C., section 71 ... rape and therefore, the appellant cannot be punished under section 506 IPC. Crl. A. No.13 of 2022 21 Tshering Thendup Bhutia vs. State

offence under sections 9(f) , 9(l) and 9(m) of the POCSO Act are sustained. The convictions of the appellant under section ... conviction of the appellant under section 354 IPC is also set aside in view of section 71 IPC. 22. Although, the learned Special

considered view that the sentence under section 354B IPC cannot be upheld in view of section 71 IPC and it is accordingly

offence under Sections 376 and 354 of the Indian Penal Code, 1860 (for short " IPC "), in Sessions Trial (POCSO, Act) Case ... Section 220(5) of the Code of Criminal Procedure, 1973 (for short, " Cr.P.C .") read with Section 71 of IPC