...sentence to the accused-appellants. Section 376, Cr. P.C. is a clear pointer in that regard. When the Legislature in its wisdom has not permitted an appeal against the order...probation, its order of conviction is not appealable for there is no sentence either of imprisonment or fine, or both, beyond the prescribed doses under Section 376, Cr. P.C.... An appeal, however, is maintainable against the order of probation under Section 11(2) of the Probation of Offenders Act, 1958 which is in the following terms...

...Section 376 Cr. P.C is by way of exception to Section 374, it provides for cases in which no appeal lies. Sub-clause (c) of Section 376 reads ...1. This is an application under Section 401 Cr. P.C read with Article 227 of the Constitution of India. None appears For the petitioner. Although this is a case.... Thereafter this revision petition has been listed for the first time for hearing. Almost 8 years have rolled by. Section 374 Cr. P.C provides for appeal and...

...finding of the learned Judge suffers from no infirmity but since the appeal before him is not maintainable under Section 376, Cr. P.C., the judgment and order of the lower...no other view can be taken in revision after reassessing the evidence, with regard to the examination of Arjun as D.W. without any application as provided under Section 315, Cr. P.C...of 1984. By that judgment he dismissed the appeal preferred by the revisionists, affirmed the conviction under Section 70 of the Canal and Drainage Act and imposed a fine of...

...provisions of law have been brought to my notice which I shall deal with hereafter.4. Section 376 Cr. P.C bars an appeal in petty cases. Sub-section (c) of Section...376 Cr. P.C runs as under:“Notwithstanding anything contained in Section 374, there shall be no appeal by a convicted person in any of the following cases, namely...Section 25 Arms Act. He has therefore, submitted that since the fine imposed was in excess of Rs. 100/-, therefore the bar contained in ...

...deals with cases where there shall be no appeal against a conviction. Section 376 Cr. P.C deals with the cases where no appeal lies against conviction in petty cases. In the...instant case, Sections 375 and 376 Cr. P.C are not applicable. Section 374(3) Cr. P.C attracts to the facts in this case. Admittedly, the...the convicted-accused has got a statutory right of appeal under Section 374 Cr. P.C and the learned Sessions Judge has committed error in rejecting the appeal preferred by...

.... Deals with cases where there shall be no appeal against a conviction. Section 376, cr. P. C. Deals with the cases where no appeal lies against conviction in petty cases. In the instant case, sections...375 and 376, cr. P. C. Are not applicable. Section 374 (3) , cr. P. C. Attracts to the facts in this case. Admittedly, the petitioner was tried for the offence punishable under section...learned counsel for the revision - petitioner submits that the convicted - accused has got a statutory right of appeal under section 374, cr. P. C. And the learned sessions judge has committed error...

...petitioner has challenged order dated 18.09.2018 passed by the Chief Judicial Magistrate, Jammu whereby the learned Magistrate has after recording satisfaction that offence under Section 376 Cr. P.C...impugned order, recorded satisfaction that offence under Section 376 RPC is made out against the petitioner and issued process against him. It is this order that is under challenge before this Court by...petitioner before the learned Chief Judicial Magistrate alleging commission of offences under Sections 376, 325, 341, 342, 363, 366, 386 and 457 RPC. A direction was sought upon the SHO, Police Station...

...the same to the Court of Addl. Sessions No. 1, Alwar.4. The trial court framed charge against accused appellant under Section 376 and 379 IPC. The accused denied the charge and claimed to be tried. The prosecution exa..., already undergone by the appellant. He referred Sohanlal v. State of Rajasthan, 2003 (1) Cr. L.R (Raj.) 176, wherein while convicting the accused for the offence under Section 376 IPC...under Section 376 Cr. P.C can be maintained even if statement of prosecutrix is not corroborated by medical evidence and no further corroboration of her statement is required...

...Section 376 Cr. P.C. Initially, FIR was registered under Section 354A(1)(4) of IPC. However, later on, the charges under Section 376 IPC and Section 4 of POCSO Act were added. However, wh...Cr. P.C., she reiterated the stand taken in the complaint made to the police, on the basis of which FIR was registered. Thereafter, statement of the prosecutrix was recorded under Section 164 Cr. P.C...in her statement recorded under Section 164 Cr. P.C., had happened. She had not lodged complaint and her statements were recorded under pressure of her brother and father. As a result of which, the...

...court passes a sentence prescribed in section 376 Cr. P.C Can, it be said that in such case against adjudication of guilt an appeal will lie but if it is followed by sentence...307 of the I.P.C2. The question for consideration in this appeal is as to whether under section 374 Cr. P.C (hereinafter referred to as the “Code”) an appeal...Act, 1980 (for short “the Act”) or under section 360 Cr. P.C In other words, whether the term “convicted” or “conviction” in section 374 of the...

...be half of the complainant that the appeal No. 112/79 filed by the accused in the Court of Sessions was not maintainable in view of the provisions of Section 376, Cr. P.C A...the Court of Sessions was incompetent and, as such, the judgment of the Court of Vth Addl. Sessions Judge is a nullity. The contention is devoid of merit. Section 376 does not expressly cut down the..., he continued to be in unauthorized possession thereof and thereby committed an offence of house trespass punishable under Section 448, IPC. Shri Ram Chandra Sindhi denied the complainant's version...

...no offence under Section 376 of the I.P.C. is made out in this Case. The learned Sessions Judge has, however, by the impugned order rejected the petition of the petitioner filed under Section 228 of the Cr. P.C.... and held that offence under Section 376 of the IPC is made out in this case . Learned counsel for the informant-opposite party no.2 1 2/3 ...considered the matter afresh in the light of the observation made by this Court in Cr. Misc. no. 750 of 2012 and passed the impugned order holding that offence under Section 376 of the IPC is made out and has rejected the p...

...against this judgment that the present revision petition has been filed. On behalf of the State, a point has been agitated that no appeal was maintainable because of Sec. 376 Cr. P.C and, therefore, this revision too is not maintain...accused pleads guilty. However, the appeal is permissible to the extent of legality of sentence. Section 376 Cr. P.C reads as under:—“376. No appeal in petty...the accused has been ordered to furnish security to keep peace and be of good behavior under Sec. 4 of the Probation of Offenders Act, no appeal would lie under Sec. 376 Cr...

...N.D Asthana, J.:— This appeal under Section 376(4) Cr. P.C has been directed against the judgment and order dated 2.6.1977 passed by the then Addl. Chief...

...therefore, the prosecution failed to establish the guilt of the accused beyond all reasonable doubt of the offence punishable under Section 376, Cr. P.C. and accordingly...1999 on the file of the Assistant Sessions Judge, Miryalguda, whereunder and whereby, the respondent/accused was found not guilty of the offence punishable under Section 376 of the Indian Penal Code...Police, Huzurnagar Mandal, registered a case in Crime No. 96 of 1998 against the accused for the offence punishable under Section 376, IPC, recorded the statements of P.Ws. 1 to 3, seized the skirt and...

...all reasonable doubt of the offence punishable under Section 376, Cr. P.C. and accordingly, acquitted the accused. Challenging the same, the present appeal is filed by the...Section 376 of the Indian Penal Code, 1860 (for short 'IPC') and was acquitted. 2 The brief facts that are necessary for the disposal of the present appeal may be...under Section 376, IPC, recorded the statements of P.Ws. 1 to 3, seized the skirt and jacket of P.W. 2 in the presence of mediators and sent P.W. 2 to the Head Quarters Hospital at Nalgonda for treatment...

...Rs. 5000/- of the two sureties of the like amount each for maintaining peace and good behaviour for a period of one year in terms of Probation of Offenders Act. Section 376 of the Cr. P.C lays down...of Section 376 of the Cr.P.C, this criminal appeal cannot be maintained and is dismissed as not maintainable. (Chakradhari Sharan Singh, J) Ranjan... Date: 14-02-2017 This appeal under Section 374(2) of the Code of Criminal Procedure Code, 1973 has been preferred against the judgment and order dated...

...Section 388, Cr. P.C and since the High Court have powers to enhance the sentence under Section 376 read with Section 377, Cr. P.C the Sessio...Additional Munsif-Magistrate. Mathura on June 27, 1978. Complainant Chandra Pal filed a revision before the Sessions Judge, Mathura under Section 397, Cr. P.C praying that the...made a reference to this court under Section 395(2), Cr. P.C seeking its directions.2. I have heard counsel for the State and have also perused the...

...of Section 376, Cr. P.C For this they derive support from last two lines of prescribed Form of warrant which reads as under:“and to return this warrant to...life in violation of mandate of Art. 21 of the Constitution.12. Dr. Wadera asserted that Section 381, Cr. P.C envisaged only one warrant and once it was...Section 367, Cr. P.C and some provisions of Jail Manual, which have no immediate bearing on the merit of controversy as such.16. Supplementing these arguments...

...under Section 376 of Penal Code, 1860 can be permitted to be compounded under the provisions of Section of 482 of Cr. P.C. had come up earlier at the Hon'ble Supreme Court in Gyan Singh and in...K Dhandapani v. State. In Gyan Singh's case, the Hon'ble Supreme Court had held that an offence under Section 376 of IPC ought not to be compromised or compounded. 4. However...Section 376 of IPC as well as offence under the Protection of Children from Sexual Offences Act, 2012. 5. The Hon'ble High Court of Karnataka in...