Court : Supreme Court of India
Reported in : AIR2009SC2644; 2009(57)BLJR1882; JT2009(6)SC87; 2009(6)SCALE586; (2009)12SCC403; 2009(5)LC2299(SC); 2009AIRSCW4068
..... facts in a nutshell are as follows:respondents were facing the trial for alleged commission of offence punishable under section 342 and 376(2) of the indian penal code, 1860 (in short the `ipc'). ..... in order to appreciate rival submissions sections 375 and 376 need to be noted ..... , except in the cases provided for by sub-section (1), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description ..... a bare reading of section 375 makes the position clear that rape can be committed only by a ..... the language of sub-section (2)(g) provides that 'whoever commits `gang rape' shall be punished etc ..... where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.xx xx xx xx xx7 ..... explanation only clarifies that when a woman is raped by one or more in a group of persons acting in furtherance of their common intention each such person shall be deemed to have committed gang rape within this sub-section (2). ..... expression 'in furtherance of their common intention' as appearing in the explanation to section 376(2) relates to intention to commit rape. .....
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 : Supreme Court of India
Reported in : AIR2005SC682; 2005(1)ALD(Cri)510; 2005(1)BLJR330; (2005)3CALLT62(SC); 2005CriLJ913; JT2005(2)SC122; (2005)2SCC710
..... the respondents faced trial for alleged commission of offences punishable under sections 450, 376(1)/109(1) of the indian penal code, 1860 (in short the 'ipc') the respondent-accused munna was sentenced to undergo rigorous imprisonment for a period of seven years with ..... sections 375 and 376 have been substantially changed by criminal law (amendment) act, 1963, and several new sections were introduced by the ..... there is a separate heading for 'sexual offence', which encompasses sections 375, 376, 376-a, 376-b, 376-c, and 376-d, 'rape' is defined in section 375. ..... changes were introduced reflects the legislative intent to curb with iron hand, the offence of rape which affects the dignity of a woman. ..... while dealing with the offence of rape which was established, the direction for reduction of sentence should not have been given on the specious reasoning that the respondents-accused belonged to ..... words in an indictment for rape are rapid and carnalities cognovit; but carnalities cognovit, nor any other circumlocution without the word rapid, are not sufficient in a legal sense to express rape; 1 hon.6, 1a, 9 ..... 123-b); or as expressed more fully,' rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' ..... in the crime of rape, 'carnal knowledge' means the penetration to any the slightest degree of the organ alleged to have been carnally known by the male organ of generation (stephen's 'criminal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1497; 2004(1)ALD(Cri)757; 2004CriLJ1399; JT2004(2)SC274; 2004(2)SCALE356; (2004)4SCC379
..... the trial court found the accused persons guilty of offence punishable under section 376(2)(g) of the indian penal code, 1860 (in short the 'ipc'). ..... that chapter, there is a separate heading for 'sexual offences', which encompass sections 375, 376, 376a, 376b, 376c and 376d. ..... sections 375 and 376 have been substantially changed by criminal law (amendment) act, 1983, and several new sections were introduced by the new act, ..... 'rape' is defined in section 375. ..... the aforesaid background, the offence cannot be said to be an attempt to commit rape to attract culpability under section 376/511 ipc. ..... in order to find the accused guilty of an assault with intent to commit a rape, court must 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 ..... 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 ..... , the evidence of the prosecutrix even if accepted does not prove commission of rape and the medical evidence also supports such a view. ..... two appellants faced trial for having allegedly committed rape on a girl of tender age whose name need not be indicated and she can be described as the victim or the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC3059; 2008(1)ALD(Cri)87; 2008(2)ALT(Cri)445; 2007(2)BLJR2536; 105(2008)CLT1(SC); 2007CriLJ4333; JT2007(10)SC246; 2007(4)KLT41(SC); 2007(10)SCALE97; 2007AIRSCW5532; 2007(7)SCC413; (2007)3SCC(Cri)407; (2007)3Crimes346(SC); 2007LawHerald(SC)2545.
..... crucial expression in section 375 which defines rape as against her will ..... specific question whether the consent obtained on the basis of promise to marry which was not acted upon, could be regarded as consent for the purpose of section 375 ipc, was dealt with by a division bench of the calcutta high court in jayanti rani panda v. ..... applying that principle to a case arising under section 375, consent given pursuant to a false representation that the accused intends to marry, could be regarded as consent given under misconception of ..... a good analysis of the expression consent in the context of section 375 ipc in rao harnarain singh sheoji singh v. ..... consent for the purpose of section 375 requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance ..... investigation was undertaken and statement of the informant was recorded under section 164 of the code of criminal procedure, 1973 (in short the code) wherein it was accepted that first with a promise of marriage, the accused had physical relationship with the informant and then, had married ..... of law on the meaning and content of the expression consent in the context of penal law as elucidated by tekchand, j. ..... consent within penal law, defining rape, requires exercise of intelligence based on knowledge of its significance and moral quality and there must be a choice between resistance and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1925; (1975)2SCC570; [1976]1SCR602
..... in appeal by the state, the learned judge of the high court, after an exhaustive survey of the evidence, upheld the acquittal of the accused in respect of the charges of abduction, rape and murder, but reversed the findings of the trial judge in regard to the charges under sections 201, 318 and 468, penal code against a-1 and a-2.14. ..... in order to bring home an offence under section 201, penal code the prosecution has to prove:(1) that an offence has been committed; (2) that the accused knew or had reason to believe the commission of such offence; (3) that with such knowledge or belief he(a) caused any evidence of the commission of ..... they were also convicted under sections 468 and 468/34, penal code and sentenced to two years rigorous imprisonment each. ..... regarding the charge under section 201, penal code, the trial judge held that the prosecution had failed to prove that an offence had been committed in respect of the deceased. ..... under sections 201, 201/34, penal code and sentenced each of them to five years rigorous imprisonment. ..... 49 was not such a relation, clearly marks him out as an intentional abettor and a guilty partner in the commission of the offence under section 201, penal code.47. ..... in short, he did everything against public justice which is penalised by section 201, penal code. ..... ordinarily, no indian woman would commit suicide by lumping into the sea by setting into such a near-nude condition and thereby expose her body to the risk of post-mortem indignity.24. ..... 374-375).25. .....
Tag this Judgment!Court : Mumbai
Reported in : 1996CriLJ3341
..... section 375 lays down that penetration is sufficient to constitute sexual intercourse necessary for the offence of rape ..... of the injuries found on the fourchette, it has been observed in modi's medical jurisprudence and toxicology at page 375 as under :- 'the fourchette and posterior commissural are not usually injured in cases of rape, but they may be torn, if the violence used in very great indeed. ..... edition at page 369 has made the following observations on this aspect :- 'thus to constitute the offence of rape it is not necessary that there should be complete penetration of penis with emission of semen and rupture of ..... why should the evidence of the girl or the woman who complains of rape or sexual molestation be viewed with the aid of spectacles fitted with lenses tinged with doubt, disbelief or suspicion to do so is to justify the charge of male chauvinism in a ..... keeps this in mind and feels satisfied that it can act on the evidence of the prosecutrix, there is no rule of law or practice incorporated in the evidence act similar to illustration (b) to section 114 which requires it to look for corroboration. ..... she is undoubtedly a competent witness under section 118 and her evidence must receive the same weight as is attached to an injured in cases ..... prosecutrix, her competency as a witness was determined under section 118 of the indian evidence act. ..... in the indian setting, refusal to act on the testimony of a victim of sexual assault in the absence of corroboration as a rule is adding .....
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 : Supreme Court of India
Reported in : AIR1959SC102; 1959CriLJ251; (1959)61PLR343; [1959]1SCR1367
..... determine exhaustively what were the cases of contempt which had been already provided for in the indian penal code; it was pointed out, however, that some light was thrown on the matter by the provision of section 480 of the code of criminal procedure which empowers any civil, criminal or revenue court to punish summarily a person who is found guilty of committing any offence under sections 175, 178, 179, 180 or section 228 of the indian penal code in the view or presence of the court. ..... section 3(2) of the act is in these terms :- 'no high court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the indian penal code (act xlv of 1860 ..... for the respondent has contended before us that as soon as there is an element of insult in the act complained of, section 228, indian penal code, is attracted and the jurisdiction of the high court to take cognizance of the contempt is ousted. ..... , (on which the learned judges of the high court relied) where in somewhat similar circumstances it was held that section 228, indian penal code, applied, does not correctly lay down the law. ..... of the appellant it was argued that what the sub-section meant was that if the act by which the party was alleged to have committed contempt of a subordinate court constituted offence of any description whatsoever punishable under the indian penal code, the high court was precluded from taking cognizance of it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC155; (2007)3CALLT1(SC); 2006(11)SCALE340; (2007)2SCC170; (2007)1SCC(Cri)546
..... trial court by its judgment and order of july 30, 1998 found them guilty of the aforesaid offences and sentenced them to undergo imprisonment for life under section 376/34 ipc but passed no separate sentence under scheduled caste and scheduled tribes (prevention of atrocities) act, 1989. ..... appeals by special leave the appellants ramdas, ashok and madhukar have challenged their conviction under section 376 read with section 34 ipc and section 3(2)(v) of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989. ..... basis of the evidence on record, the trial court, as earlier noticed, found the appellants guilty of the offences under section 376/34 ipc and also under section 3(2)(v) of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989. ..... it is no doubt true that the conviction in a case of rape can be based solely on the testimony of the prosecutrix, but that can be done in a case where the court is convinced about the truthfulness of the prosecutrix and there exist no circumstances which cast a shadow of doubt ..... the early hours of the morning the prosecutrix had come to him and sold him that she had been raped by appellant ramdas. ..... the incident of rape was narrated to ..... did not enquire as to how many persons were involved nor did she tell him about the number of persons who raped her. 14. ..... medical officer who examined the prosecutrix on the 18th january, 1996 gave her opinion on the basis of clinical findings that there was no evidence of rape. .....
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