Court : Kerala
Reported in : 1998(2)ALT(Cri)241; 1998CriLJ321
..... section 375 of the indian penal code, 1860 defines the offence of rape. ..... mahesh kumar bhada (1997) 2 scc 397 and vehemently contended that this court, in exercise of the powers under article 226 of the constitution of india or under section 482 of the criminal procedure code, 1973, should not quash the criminal proceedings against the petitioners at this stage as the investigation has almost come to a concluding stage.14. ..... the high court would be loath and circumspect to exercise its extraordinary power under section 482 of the code or under article 226 of the constitution. ..... do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. ..... after the investigation is concluded and the charge-sheet is laid, the prosecution produces the statements of the witnesses recorded under section 161 of the code in support of the charge sheet. ..... mahesh kumar bhada (1997) 2 scc 397, the above principle has been reiterated and the following dictum is laid down:the high court should sparingly and cautiously exercise the power under section 482 of the code to prevent miscarriage of justice. ..... do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002BomCR(Cri)140
..... 1983 acquitting the respondent for offence punishable under section 376 of the indian penal code and section 57 of the bombay children act.2. ..... imprisonment for life or imprisonment or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall where no express provision is made by this code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence for a term which may extend to one half of the imprisonment for life or, as the case may ..... manifest that if a girl is below 16 years then, inspite of her being a consenting party, the offence of rape would be made out.in this case, not only does the evidence of sangita's mother vijaya pednekar p.w. ..... stated that it was a case of partial penetration and in the injury report of the victim sangita it has been categorically mentioned that it was a case of recent attempted rape.absence of bleeding from the vagina, absence of injuries on vagina, absence of rupture of the hymen and absence of sperm, as is evident from a persual of vaginal slides, also shows that it was a case of attempt to commit rape.in the circumstances, in our view, an offence under section 376 r/w 511 of the i.p.c. ..... rate, the question of consent would be immaterial because, the evidence adduced by the prosecution categorically establishes that sangita was below 16 years at the time of the incident.it is pertinent to mention that clause sixthly of section 375 of i.p.c. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALT(Cri)23; 2003CriLJ4041
..... hanmappa @ hanmanta koli is convicted under section 375 read with section 109 of indian penal code for aiding and abetting the offence of rape committed by her husband. ..... @ hanmappa malappa koli is convicted under section 375 of indian penal code and accused no. ..... provisions of section 375 of indian penal code are very clear ..... of 1986 acquitting the accused of offences under sections 376, 109 and 341 of the indian penal code. 2. ..... hanmappa @ hanmanta koli to suffer three years rigorous imprisonment for the offence punishable under section 375 read with section 109 of india penal code. ..... is corroborated and substantiated by the doctor who positively states that the victim was raped and there is therefore no escape from the conclusion of guilt of the accused. ..... several cases the supreme court of india has held that only the deposition of the prosecution by itself is also sufficient to record conviction for the offence of rape if that testimony inspires confidence and has complete link of truth. 15. ..... to the learned public prosecutor evidence is more serious than usual case of rape because in this case accused-husband was assisted in committing rape by his wife accused no. 2. 5. ..... the girl who was raped was minor of 13 years ..... prosecutor submitted that all the requirements of proving the rape were complete in this case. ..... because semen was not found in the swab it cannot be said that no rape has taken place. ..... has examined as many as 10 witnesses in support of this case of rape on 13 years old prosecutrix. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1874; 2004CriLJ1804; JT2004(3)SC328; 2004(3)SCALE96; (2004)3SCC602
..... accused-appellant koppula venkat rao calls in question legality of his conviction as recorded by the trial court and upheld by learned single judge of the andhra pradesh high court under section 376 of the indian penal code, 1860 (in short 'the ipc'). ..... 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 the sexual intercourse necessary to the offence of rape. ..... both the courts held that since ejaculation was there, it amounted to rape and whether actual intercourse was there is immaterial, ejaculation being the ultimate act of sexual intercourse ..... in order to find an accused guilty of an attempt with intent to commit a rape, court has to be satisfied that the accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person, but that he intended to do so at all events, and notwithstanding any resistance on ..... contra, learned counsel for the respondent-state submitted that the well-reasoned orders of the trial court and the high court unerringly point out that accused had committed rape on the victim, as established beyond a shadow of doubt. ..... the evidence of the prosecutrix is considered in the proper perspective, it is clear that the commission of actual rape has not been established. ..... if the prosecution version is accepted in its totality, no case of rape is made out and at the most a case of attempt to rape is made out. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALD(Cri)52; 2003BomCR(Cri)1663; 2003(3)MhLj19
..... it was, therefore, incumbent on it to make out that all the ingredients of section 375 of the indian penal code were present in the case of the sexual intercourse attributed to ganpat appellant.' 12. ..... state of maharashtra, reported in : 1978crilj1864 , the apex court while dealing with the case of rape, observed as under :'secondly, it has to be borne in mind that the onus is always on the prosecution to prove affirmatively each ingredient of the offence it seeks to establish and that such onus never ..... since the complainant -- imlabai told him that somebody committed rape on her, he checked the loft of the house and found the accused on the ..... ambar to the effect that the complainant told him that somebody entered in the house and committed rape on her is a proved omission in the police statement of ambar. ..... told him that the accused committed rape on her. ..... to him, the complainant then told him that somebody entered in the house and committed rape on her. ..... have noted that in her evidence, she has only stated that the accused came to her house at 9.00 pm, caught her person and committed forcible rape on her. ..... about 9.00 pm, the accused came to her house, got hold of her person and committed forcible rape on her. ..... of such ingredient is that intercourse occurred without the consent of the women who alleged to have been raped. ..... , there are no injuries on the body of imlabai and the doctor has categorically opined that he was not in a position to give opinion as to whether she was raped. .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(4)KarLJ257
..... made out.in view of the above, the impugned order is set aside insofar as the conclusion relating to the offence punishable under section 376 of the indian penal code.under section 228(1)(a) of the criminal procedure code, learned sessions judge is directed to frame charge against the petitioner-accused in respect of the offences under sections 451 and 417 of the indian penal code and then to order transferring of the case for trial to the chief judicial magistrate concerned.10. ..... even prima facie be called rape within the meaning of section 375 of the indian penal code.7. ..... facie thus she is not under 16 years of age within the description of 'sixthly' to section 375 of the indian penal code.on medical examination, rupture of hymen being found, prima facie, fatima having had sexual intercourse is ..... petitioner-accused had gained entry into the house of fatima, and having regard to the fact, as would be presently seen, that the petitioner-accused did commit an offence, though not an offence of rape, there is material enough to frame charge for the offence under section 451 of the indian penal code.6. ..... said decision should be taken as having rested on the evidence available in that particular case, because the division bench has made this clear observation at the end of paragraph 2 of the judgment:'the ingredients of section 415 of the indian penal code are very clear and in our considered view, the framing of a charge itself under section 417 of the indian penal code was misconceived. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004CriLJ1102
..... the prosecution evidence shows that he could not succeed in penetrating his male organ in the vagina of sushma and committing the offence of rape as defined in section 375 of indian penal code. ..... 98 of 2001 wherein he has convicted the appellant for committing the offence punishable under section 376(f) of ipc and sentenced him to undergo ri for 10 years and to pay ..... convicted for the offence punishable under section 376(f) read with section 511 of ipc. ..... this, the conviction needs to be modified suitably and the appellant needs to be convicted for an offence punishable under section 376(f) read with section 511 of ipc.19. ..... as per the provisions of the indian evidence act 1872 (hereinafter referred to as the evidence act for convenience), the said discovery assumes the nature of incriminating evidence against ..... has committed the error in coming to the conclusion that the appellant committed rape on child sushma, the victim. ..... has no hesitation in coming to the conclusion that the appellant did commit the attempt of committing rape on the victim sushma.18. ..... who is having her husband addicted to the habit of drinking liquor and doing virtually no work, gets herself faced with such situation of her small child aged about five years getting raped, what she would do?. ..... serious infirmities in the prosecution case which the trial judge did not notice and by ignoring this he committed the error of convicting and sentencing the appellant for the offence of committing the rape on said child sushma. .....
Tag this Judgment!Court : Mumbai
Reported in : 1980CriLJ1380
..... the next question that arises is that the accused had a sexual relation with kusum and was it under the circumstances falling under any of the 5 clauses mentioned in section 375 of the indian penal code.20. ..... 366, indian penal code should merge with the charge under section 376 indian penal code and in view of this, no finding was necessary as regards the offence under section 366. ..... 376 of the indian penal code and find him guilty under section 376 of the i.p.c ..... the learned sessions judge, however, convicted the accused under section 376 of the indian penal code as stated earlier.17. ..... in the result, we confirm the finding of the learned sessions judge and hold the accused guilty under section 376 of the indian penal code. ..... he was charged with having committed offence under sections 366 and 376 of the indian penal code. ..... in view of this, we do not see how the charge under section 336 will be framed. ..... that the offence of rape was committed in the house. ..... that in view of this kusum's evidence that she was a victim of a rape must be rejected.39. ..... in the present case, we have a sordid episode of a father, whose sacred duty is to ensure the welfare of his own child, subjecting his own daughter, kusum, who is of the tender age of 13 years to the heinous offence of rape. ..... the prosecution has also established beyond reasonable doubt that the accused had forced himself and inserted his penis in her vagina and had thereby committed rape.53. ..... but then seminal emission is not necessary to establish rape. .....
Tag this Judgment!Court : Chennai
Reported in : I(1996)DMC351
..... but according to the trial court and the lower appellate court, this consent was not on free will and it will not amount to consent under section 90 indian penal code because, she was lured by the revision petitioner on a false promise of marriage and the misconception of the girl that she would be the wife of the revision petitioner was because of the offer made by the revision ..... . as the evidence is wanting in this case to uphold that the promise made by the revision petitioner was false to his knowledge, section 90 indian penal code cannot be invoked for misconception to bring to the offence under section 375 indian penal code ..... though the above view is that if the girl also indulged in the act of promiscuity, it will not amount to misconception of fact even if there was an offer to marry her, the learned judges have added a rider clause that section 90 indian penal code will come into play, if the accused never really had intention to marry her from the inception, though he promised to marry her.5 ..... was allowed to cohabit or permit him to have sexual intercourse, she would be married and the girl on this allurement submits for intercourse but later if the boy had rejected to marry her, it would amount to an offence under section 376 indian penal code because the consent was not at free will of the victim girl ..... 180 of 1991 for the of fence under section 376, indian penal code, confirming the conviction imposed by the principal assistant sessions judge, tirunelveli in s.c. no. .....
Tag this Judgment!Court : Delhi
Reported in : 2010CriLJ94; 160(2009)DLT277
..... this writ petition has been preferred by naz foundation, a non governmental organisation (ngo) as a public interest litigation to challenge the constitutional validity of section 377 of the indian penal code, 1860 (ipc), which criminally penalizes what is described as 'unnatural offences', to the extent the said provision criminalises consensual sexual acts between adults in private. ..... in the indian penal code, recasting of 375 ipc has been recommended by redefining it under the head of 'sexual assault' encompassing all ranges of non consensual sexual offences/assaults, which in particular penalize not only the sexual intercourse with a woman as in accordance with the current 'rape laws'; but any non-consensual or non-willing penetration with bodily part or object manipulated by the another person except carried out for proper hygienic or medicinal purposes.the recommended provision to substitute ..... the existing section 375 ipc reads thus:375.sexual assault: sexual assault means - (a) penetrating the vagina .....
Tag this Judgment!