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...offence under Section 376(1) IPC and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs 50,000, in default of payment of fine, to further undergo additional rigorous...accused upon her on the pretext of marriage based on which FIR (Ext. P-4) for the offence under Section 376 IPC was registered against the accused.3.1. That during the course.... The accused was arrested. After completion of the entire investigation, a charge-sheet was filed against the accused for the offence punishable under Section 376 IPC.3.2...
...for addition of charge under Section 376 IPC as well. The Metropolitan Magistrate held that the said application should be taken into consideration only after chief examination of the complainant. The...wherein certain directions were issued. Ultimately, the police filed a revised charge-sheet stating that a prima facie case under Section 376 IPC was also made out. In view of addition of the charge under...Section 376 IPC, the Magistrate passed the order on 25-4-2013 for committal of proceedings to the Sessions Court and taking the appellant into custody. However, execution of this order for taking the...
...-accused acquitting him for the offence punishable under Section 376 of the Penal Code, 1860 (in short “IPC”) by reversing the judgment and order dated 5-10-2005 of the Additional Sessions Judge, Fast Track...the charge-sheet was submitted, the case was committed to the Sessions Court.4. The Sessions Judge framed charge under Section 376 IPC against Irshad and Section 376 read with ...Naushad and both were further charged under Section 506 IPC. The Sessions Judge held the accused Naushad guilty of the charge under Section 376 and convicted him, sentencing...
...except where necessary. The trial court had acquitted the appellant in the criminal case, but the High Court reversed the judgment and convicted the appellant under Section 376 IPC and sentenced him to...registered in the police station on 4-1-1996 against the appellant under Section 376 IPC.3. In the trial court the appellant contended that Rathnamma was 20 years of age at...and hence no case under Section 376 IPC is made out against the appellant. Rathnamma's mother Gowramma, PW 11 stated in her evidence that Rathnamma was 18 years of age. Hence she was above 16 years of...
...court on the respondent for an offence under Section 376 IPC to 4 years' rigorous imprisonment, while maintaining his conviction and sentence for offences punishable under Sections 254, 323, 341, 363...question of sentence for the offence under Section 376 IPC (with which alone we are concerned in this appeal), the trial court observed:“It may also be noted that as...the offence under Section 376 IPC. It was directed that in the event of recovery of fine, the entire amount shall be paid to the victim, the prosecutrix, PW 1.5. The...
...have been convicted under Section 376 IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs 1000 in default to undergo RI for two years. The four appellants who were arrayed...11 others who were acquitted were charged under Sections 380 and 376 read with Section 149 IPC for having entered the house of the victims and committing rape on them and thereafter removing cash and..., however, found Accused 1 to 4 directly guilty under Section 376 IPC and Accused 5 Umesh Mahto also constructively guilty under Section 376 IPC by invoking Explanation I to clause (g) of sub-...
..., thereafter, there was total silence of nearly two years, casts doubt on the authenticity of the prosecution version. In any event, it is submitted, that the offence punishable under Section 376 IPC is not...Sections 354 and 506 IPC. So far as the offence punishable under Section 376 IPC is concerned, the basic ingredients are set out in Section 375 IPC. On a reading of the evidence of the prosecutrix...somebody else. The accused faced trial for offences punishable under Sections 376, 354 and 506 of the Penal Code, 1860 (in short “IPC”).3. The learned Additional Sessions Judge...
...Order1. Leave granted.2. The appellant was, inter alia, charged for commission of the offence under Section 376 IPC. The...trial court convicted the appellant under Section 376 IPC and sentenced him to undergo 7 years' rigorous imprisonment. In appeal, the High Court affirmed the conviction and sentence awarded to the...
..., 1983 acquitting the respondent of an offence under Section 376 IPC earlier recorded by the learned Sessions Judge.2. Briefly stated the prosecution case is that on August 2...the offence of rape and sentenced him to suffer RI for a period of five years for the offence under Section 376 IPC. While awarding the sentence, the learned Sessions Judge took into account the age of...learned Sessions Judge, in our opinion, was therefore justified in relying upon the prosecution evidence and recording an order of conviction against the respondent for an offence under Section 376 IPC. His...
...offence under Section 376 IPC and sentenced to undergo RI for seven years and a fine of Rs 1000. Aggrieved thereby, on appeal being preferred, the learned Single Judge by a cryptic order recorded that the...appellant does not challenge the finding of conviction of the offence punishable under Section 376 IPC and in that view of the matter the learned Single Judge held that the appellant shall be...sentenced to imprisonment already undergone by him which was only one year and five months. This order is against the statute where, under Section 376 IPC, the minimum punishment prescribed is not less than...
...appellant-accused under Section 376 IPC has been upheld. However, the sentence of imprisonment has been reduced from five years' to three years' RI and the fine and default sentence imposed by the Addl...request. Thereafter, a complaint was filed by the prosecutrix PW 2 before the police and the police registered a case under Section 376 IPC. After eight months the prosecutrix delivered a child in the...under Section 376 IPC cannot be sustained. Consequently, we set aside the judgment and order of the trial court as also of the High Court and quash the conviction and sentence of the appellant-accused...
...-sheet against the respondent for the offence of rape punishable under Section 376 IPC.8. The respondent took his trial on the indictment that he committed rape on Tulna...respondent guilty of the offence under Section 376 IPC and consequently acquitted the respondent. The reasons assigned by the trial court for such a conclusion are based on its following findings...ingredients to constitute an offence punishable under Section 376 IPC have been satisfactorily established; (2) that the sentence of fine alone imposed by the High Court under Section 354 IPC for this...
...Order1. Heard learned counsel for the parties.2. The appellant was convicted by the trial court under Section 376 of the Penal Code (for short “IPC”) and...alone is made out and no case under Section 376 IPC is made out. It appears that a case of rape has been alleged for the first time after eleven days of the occurrence for which no explanation is...forthcoming. In our view, the trial court was not justified in convicting the appellant under Section 376 IPC and the High Court has committed an error in upholding the same. Only the offence under...
...dated 30-12-1995 under Sections 376(2)(g), 366, 342, 363, 506 read with Section 34 of the Penal Code, 1860 (in short “IPC”).4. After investigation, the case was committed to...six months for the offence punishable under Section 376(2)(g) read with Section 34 IPC. The appellants were also sentenced to undergo RI for three years along with a fine of Rs 1000 each, in default...also pointed out that for the said purpose the legislature has introduced new section, namely, Section 376-D IPC, which came into effect from 3-2-2013.8. In the light of the...
...offence is punishable under Section 376 of the IPC if the offence of rape is established in terms of Section 375 which sets out the ingredients of the offence. In the present case, the second description of...High Court was whether, assuming all the allegations in the charge-sheet are correct as they stand, an offence punishable under Section 376 IPC was made out. Admittedly, the appellant and the second...complaint as they stand, it is impossible to find in the FIR or in the charge-sheet, the essential ingredients of an offence under Section 376 IPC. The crucial issue which is to be considered is whether the...
...1. Through this appeal by special leave, the appellant has called in question his conviction and sentence for the offence under Section 376 IPC as recorded by the trial court...Station. The investigation was taken in hand. The prosecutrix was sent up for medical examination and after completion of investigation, the appellant was tried for the offence under Section 376 IPC....statement under Section 313 CrPC, denied the prosecution allegations.4. The prosecutrix has, in her statement recorded at the trial as also her earlier statement recorded under...
...the conviction of the respondent under Section 450 IPC, acquitted him of the charge under Section 376 IPC. The sentence under Section 450 IPC was reduced to the period already undergone. ...trial court had found the respondent guilty of the offence under Section 376 IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs 1000. Under Section 450 IPC...the trial, the prosecution relied upon the testimony of four witnesses to prove the offence under Section 376 IPC, namely, PW 1 (prosecutrix), PW 2 (her mother Smt Sushila), PW 3 (Gulab Bai) and her...
...charges levelled against her, but the appellant was found guilty of commission of offence under Section 376 IPC and was awarded seven years' rigorous imprisonment. Insofar as the charge levelled against...appellant was found guilty for commission of offence under Section 376 IPC.8. The conviction of the appellant is founded on the evidence of PW 1 prosecutrix as also the evidence...wherein the appellant could have been convicted only under Section 354 IPC but no case was made out for his conviction under Section 376 thereof.15. On the other hand, Shri Siddhartha...
...against an array of accused persons. The trial court convicted six persons for the offence under Section 376 IPC and all of them were sentenced to undergo rigorous imprisonment for 10 years each. One...fact situation in this case. We are not laying down a proposition of law that the uncorroborative testimony of the prosecutrix is not sufficient for entering conviction for an offence under Section 376 IPC. But...
...issue a suitable direction to
the court concerned to accept the fresh bail bonds under the added section 376
IPC in case crime no. 629 of 2006 P.S. Suhawal, District Ghazipur.
It is contended...liberty of bail
but subsequently the chargesheet has been submitted under section 376 IPC.
The applicants are ready to furnish fresh bail bonds under the added section
also.
In reply of the...above contention it is submitted by learned A.G.A. that after
submission of the chargesheet under section 376 IPC the nature of the offence
has been changed, therefore no order for accepting the...