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Sakshi Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : CivilConstitution

Acts : Constitution of India - Articles 13, 14, 15(3), 17, 18, 19, 20(1), 21 and 32; ;Indian Penal Code (IPC), 1860 - Sections 354, 375, 376, 376(2), 376A to 376D, 377, 506 and 511; ;Criminal Law (Amendment) Act, 1983; Dowry Prohibition Act - Sections 2; ;Foreign Exchange Regulation Act - Sections 35 and 35(2); Customs Act - Sections 104; ;Sexual Offences (Amendment) Act, 1976 - Sections 1(1); Offences against Person Act, 1861 - Sections 18, 20, 42 and 47; ;Aliens Control Act, 1991 - Sections 25(5); ;Code of Criminal Procedure (CrPC) - Sections 167(1), 167(2), 273, 327(1), 327(2) and 715.1

Reported in : AIR2004SC3566; 2004(2)ALD(Cri)504; 2004(2)BLJR1378; 98(2004)CLT491(SC); 2004CriLJ2881; 112(2004)DLT457(SC); 2004(77)DRJ390; RLW2004(3)SC402; 2004(6)SCALE15; (2004)5SCC518; 2004 INSC383

of an offender may be possible under Section 376 IPC, In this connection, she has referred to United Nations Convention On The Elimination Of All … not been defined and is, therefore, subject to and is capable of judicial interpretation. Further the explanation to Section 375 IPC does not in any way limit the term penetration to mean penile/vaginal penetration. The definition of the term … other help, assistance or charitable support for women, in particular those who are victims of any kind of sexual abuse and/or harassment, violence or any kind of atrocity or violation and is a violence intervention center. The

Putul Chetri Vs. the State of Assam.

Court : Guwahati

Subject : Criminal

Acts : Sexual Connection - Section 375 IPC

been committed. 22)The word intercourse has not been defined in IPC. The word intercourse for the purpose of Section 375 IPC means sexual connection (Concise Oxford Dictionary). In Khanu v. Emperor reported tin AIR 1925 Sind 286, the meaning

Dilawarsab Alisab Jakati Vs. State of Karnataka by Its State Public Pr ...

Court : Karnataka

Subject : CriminalCivil

Acts : Indian Penal Code (IPC), 1860 - Sections 326, 375, 376, 376(2) and 511; Oaths Act, 1969 - Sections 4 and 5; Evidence Act - Sections 3, 32 and 119; Code of Criminal Procedure (CrPC) - Sections 313

Reported in : 2005CriLJ2687; ILR2005KAR2282

section provides that penetrations sufficient to constitute the sexual intercourse necessary to the offence of rape. Intercourse means sexual connection. In the instant case that connection has not been established. Courts below were not correct in their view.'Then … If so, liable to be interfered with?2. What Order?6. Where the accused is charged for the offence under Section 375 IPC punishable under Section 376 IPC., the prosecution has to establish the offence by a clear and cogent evidence.

Koppula Venkat Rao Vs. State of Andhra Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 122, 375, 376, 399 and 511

Reported in : AIR2004SC1874; 2004CriLJ1804; JT2004(3)SC328; 2004(3)SCALE96; (2004)3SCC602

without penetration constitutes an attempt to commit rape and not actual rape. Definition of 'rape' as contained in Section 375 IPC refers to 'sexual intercourse' and the Explanation appended to the Section provides that penetration is sufficient to constitute … provides that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Intercourse means sexual connection. In the instant case that connection has not been established. Courts below were not correct in their view.13.

Deelip Singh @ Dilip Kumar Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 90, 361, 375 and 376; Evidence Act - Sections 3 and 114A; Constitution of Indai - Article 142

Reported in : AIR2005SC203; 2005(1)ALD(Cri)65; 2004(3)BLJR2373; 2005(2)MhLj147; 2005(I)OLR(SC)181; RLW2005(2)SC165; 2004(9)SCALE278; (2005)1SCC88; 2005(1)LC179(SC)

whether the accused is guilty of having sexual intercourse with PW12 'without her consent' (vide Clause secondly of Section 375 IPC). Though will and consent often interlace and an act done against the will of a person can be … appoint a counsel under the legal aid scheme to assist the prosecutor and the girl whenever necessary in connection with the implementation of this order.41. Accordingly, the order is passed in the interests of justice in exercise

Chenthamara Vs. State of Kerala

Court : Kerala

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 354, 375, 376 and 511

Reported in : 2008(3)KLJ375; 2008(4)KLT290

('IPC for short)? In the absence of penile-vaginal entry, will the offence of 'rape' be made out, under Section 375 IPC? What does the expression 'penetration' in Explanation to Section 375 IPC mean? These are the main questions which … assaults are often magnified into attempts at rape' and in this case also there was just a mere sexual assault which falls short of 'penetration' or 'partial penetration' but it was held to be a case of … 9 cm (3.5 in) long across the posterior wall (near).... The vagina connects the superficial vulva to the cervix of the deep uterus.25. The 'vulva'

Azeez Usman Shaikh Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 324, 342, 366, 375 and 376; Evidence Act, 1872 - Sections 45, 59 and 61; Code of Criminal Procedure (CrPC) , 1973 - Sections 154

Reported in : 2000(5)BomCR704; 2000BomCR(Cri)704; 1999(3)MhLj272

accord. He and Sunita were in contact with each other from the year 1991 and they were having sexual relations. Sunita did not have good character. He did take her to the lodge but he denied the … to remember, what exactly happened on that day on 16-6-1995. In this connection, Dr. Soman has stated that when she examined Sunita on 16-6-1995, she … or not sound is no consent at all. The learned Additional Public Prosecutor pointed out Clause Fifthly of section 375 of the Indian Penal Code which reads thus :'375. Rape:---A man is said to commit 'rape' who, except … for offences punishable under sections 366, 376, 324 and 342 of the Indian Penal Code. By the judgment and order dated 19-1-1996, the learned Assistant

Ramkripal S/O Shyamlal Charmakar Vs. State of Madhya Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 122, 354, 375, 376, 399 and 511

Reported in : 2007CriLJ2302; JT2007(4)SC393; 2007(I)OLR(SC)803; 2007(4)SCALE438; 2007AIRSCW2198; (2007)3Crimes115(SC)

without penetration constitutes an attempt to commit rape and not actual rape. Definition of 'rape' as contained in Section 375 IPC refers to 'sexual intercourse' and the Explanation appended to the Section provides that penetration is sufficient to constitute … some action on the part of the accused which would show that he was just going to have sexual connection with her. Webster's Third New International Dictionary of the English Language defines modesty as 'freedom from coarseness, indelicacy

Bantu Vs. the State of U.P.

Court : Supreme Court of India

Subject : Criminal

Acts : Criminal Law (Amendment) Act, 1983; Essential Commodities Act, 1955; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 366; Indian Penal Code (IPC), 1860 - Sections 302, 364, 375, 376, 376A, 376B, 376C and 376D; Code of Criminal Procedure (CrPC) , 1898 - Sections 235(2) and 354(3); Constitution of India - Articles 19 and 21

Reported in : JT2008(8)SC136; (2008)11SCC113; 2008AIRSCW6401; 2008(3)Crimes264

heading for `Sexual offence', which encompasses Sections 375, 376, 376A, 376B, 376C, and 376D. `Rape' is defined in Section 375. Sections 375 and 376 have been substantially changed by Criminal Law (Amendment) Act, 1983, and several new sections … as under:S. No. Section under which Quantum of punishmentPunishment awarded 1. 364 IPC 10 Years' rigorousimprisonment witha fine ofRs. 10,000/- withstipulation of twoyears' further simple … accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. In Bhagat Ram v. State of Punjab

Navtej Singh Johar Vs. Union of India Ministry of Law and Justice Secr ...

Court : Supreme Court of India

Subject : Land Acquisition

petitioners, is per incuriam as the view observed therein has failed to take into account the amendment to Section 375 IPC which has rendered sexual ‗carnal intercourse against the order of nature‘ between man and woman as permissible. Section … the case of sexual act between the thighs, there is no possibility of penetration.19. The word ‗intercourse‘ means ‗sexual connection‘ (Concise Oxford Dictionary). In Khanu v. Emperor the meaning of ‗intercourse‘ has been considered: (AIR p.286) ‗Intercourse may