...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...1. This is a petition for appeal in which the accused-appellants were convicted for offences under Sections 324/34 and 323/34, IPC by Shri P.C. Nariala, Additional Sessions Judge, Ambala...

.... 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 Section ...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.... 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 as follows...

...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 ...

...the First Class or of the Second Class or sentenced under Section 325 or against an order made or sentence passed under Section 360 by any Magistrate. Section 375 Cr. P.C deals w.... 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. ...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...

...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. is...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 Judgment of the Court was delivered byNarendra Kumar Jain, J.:— This appeal under Section 374 Cr. P.C is directed against the judgment and order dated 27.8.2001 passe...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...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...

...while she was out to trace out her younger brother. The aforesaid stand was reiterated by her while getting her statement recorded under Section 161 Cr. P.C. However, two days thereafter, she got her statement recorded unde...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...

...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...Section 360 by any Magistrate,may appeal to the Court of sessions.”8. Under Section 375 Cr. P.C no appeal is provided in certain cases when accused pleads...to the preliminary objection, Mr. Surana has submitted that appeal is against an order of conviction under Sec. 374 Cr. P.C and when the exceptions have been made in Sec. 376 Cr. P.C they are in...

...party no.2 also. Learned counsel for the petitioner has submitted that earlier the learned Sessions Judge has allowed the petition of the petitioner under Section 228 of the Cr. P.C. and has held that no offence under ...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...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...

...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...Magistrate to record the statement of the child witnesses (P.Ws. 4 to 7) under Section 164, Cr. P.C. After completion of investigation, he filed the charge-sheet...those statements have more relevance. There cannot be any dispute that the statements recorded by P.W. 14 Judicial I Class Magistrate, Kodada, under Section 164, Cr. P.C. can...

..., 389, 390, and 391 or on a court of sessions under Section 307, Cr. P.C and since the powers of the court of sessions are identical to the powers of the High Court under ...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...

...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...period of seven years and to pay fine of Rs. 1,000/-, in default, to suffer simple imprisonment for a period of one month. Period of remand, if any, undergone by the accused shall be given set off under Section 428, ...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...

...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...

....2. Counsel for accused petitioners submits that as per alleged supplementary statement of the prosecutrix recorded under Section 161 Cr. P.C on 07.02.2012, specific allegation of c...associated.3. Counsel further submits that neither statement of the prosecutrix under Section 161 Cr. P.C nor under Section 164 Cr. ...were recorded, but on the basis supplementary statement recorded under Section 161 Cr. P.C on 07.02.2012, which was recorded after two months of the alleged incident...

...objection has been raised in this case by the learned counsel for the State that such an appeal is barred under Section 376(b) Cr. P.C The section reads as follows...:—“Section 376: Notwithstanding anything contained in Section 374 there shall be no appeal by convicted person in any of the following cases, namely;(a.... Section 376(b) clearly provided that substantive sentence should be up to three months and fine should be up to Rs. 200/-. When it is read with proviso cl. (ii) it obviously...

...--------- 02 /Dated: 20 th August, 2016 1. The petitioner has been made an accused for the offence under section 376 of the Indian Penal Code, in connection with Jharia,..., which is apparent from the statement recorded under section 164 of the Cr. P.C. 3. I have gone through the statement under section 164...under section 376 of the I.P.C is made out. He further submits that this petitioner and the victim were leaving together since long and...