Judgment Search Results Home > Cases Phrase: indian penal code 45 of 1860 section 375 rape Page 8 of about 20,164 results (0.204 seconds)

Nana Ramchandra Jadhav Vs. State of Maharashtra

Court : Mumbai

Reported in : 1984(1)BomCR453

..... 438 of 1980 convicting and sentencing him for an offence of rape punishable under section 376 of the indian penal code (hereinafter referred to as the 'penal code') to rigorous imprisonment for two years and to pay a fine ..... of what i have stated above, i confirm the order of conviction passed by the learned trial judge on the appellant for an offence of rape punishable under section 376 of the penal code and also the substantive sentence imposed on him to undergo r.i. ..... 'now, the offence of rape is punishable under section 376 of the penal code with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable ..... , knowing that she had been kidnapped, an offence punishable under section 368 of the penal code, and also that in the course of the same transaction he committed rape on the said kum. ..... well advised himself by the provisions of section 65 of the penal code which reads as under :'65. ..... age of 18 years caused or encouraged the seduction and the acts of sexual intercourse with her by the appellant and thereby committed an offence punishable under section 56 of the bombay children act, 1948 r/w section 109 of the penal code.3. ..... because she was below the age of sixteen years that under clause fifthly of section 375 of the penal code the appellant can be said to have committed the offence of rape because sexual intercourse with a woman under the age of sixteen years with or without her consent amounts to rape. .....

Lingam Govindarao Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 1998(1)ALD525; 1998(1)ALD(Cri)48; 1998(1)ALT(Cri)206

..... case does not cover any of ihe circumstances in section 375 of the penal code. ..... 1 was sentenced to undergo rigorous imprisonment for three years and also to pay a fine of rs.200/- and in default to pay the fine to suffer simple imprisonment for one month for the offence under section 366 of 1pc and the revision petitioner was also sentenced to undergo rigorous imprisonment for three years and to pay a fine of rs.200/- and in default to pay the fine to suffer simple imprisonmentfor one ..... does not cover any of the circumstances as mentioned in section 375 of ipc defining the offence of rape. ..... both the trial court as well as the appellate court committed error in holding the accused guilty of offence under section 376 ipc by observing that' 'had the accused not promised pw2 to marry her, pw2 would not have agreed to have sexual intercourse ..... him for the said offences and sentenced him as stated supra the learned assistant sessions judge found a2, mother of al, not guilty for the offences under section 420, read with 109 ipc and acquitted her of the said charge. ..... perusal of the entire evidence on record, i am satisfied with the reasoning given by theappellate court and also the trial court for convicting and sentencing the accused for the offence under section 366 ipc, which is in conformity with the evidence on record. ..... in our view, the accused cannot be held guilty of rape for having sexual intercourse with pw1 after having promised to marry ..... this ground he cannot be held guilty of rape. .....

Buta Singh Vs. Central Bureau of Investigation

Court : Delhi

Reported in : 1996(37)DRJ668

..... prevention of corruption act as well as the acceptance of gratification commonly called accepting the bribes, as contemplated by section 161 of the indian penal code, being the matter of penal law, considerations of means read of the accused would necessarily be relevant and in that the bona fide settlement by the accused under some misguided and mistaken beliefs may go to furnish a valid defense to an accused public official ..... (2) though the order of the learned special judge does not specify, admittedly the 'offences complained of are section 120b of the indian penal code and sections 7 and 13(i)(d) of the prevention of corruption act, 1988 (hereinafter called the act). ..... such an obligation coupled with duty arises and only with a view to forbear from that duty gratification is offered and taken, we have no manner of doubt that such an acceptance of gratification will be culpable within the meaning of section 161 of the indian penal code as well as section 5(1)(d) read with section 5(2) of the prevention of corruption act. ..... this leaves us with section 120 b of the indian penal code which in turn leads us to section 197 of the code of criminal procedure. ..... of such public official to take steps against the offending party in the interest of the public office, we do not think that compounding by taking gratification in any form can be permissible or can be out of the purview of the provisions of section 161 of the indian penal code and section 5(2) of the prevention of corruption act. .....

Sudam Laxman Kute Vs. State of Maharashtra

Court : Mumbai

..... by the said judgment the learned judge had acquitted the appellant for offence punishable under section 306 of the indian penal code and acquitted all the other co-accused of all the offences for which they were charged. 2. ..... after having acquitted the appellant of offence punishable under section 306 of the indian penal code, the learned judge could have held the appellant guilty of offence under section 498a of the indian penal code only if there was evidence to establish cruelty as defined under the said section. ..... after considering the evidence of prosecution witnesses in the light of defence of denial, the learned judge acquitted of other accused of all the offences charged and also acquitted the appellant of offence punishable under section 306 of the indian penal code, but convicted and sentenced the appellant of offence punishable under section 498a of the indian penal code as aforementioned. ..... oral judgment: this appeal is directed against the conviction of the appellant, by the learned additional sessions judge, nashik, for the offence punishable under section 498a of the indian penal code and sentence of rigorous imprisonment for three months with fine of rs. ..... in view of this the conviction of the appellant for the offence punishable under section 498a of the indian penal code recorded by the learned judge is thoroughly unwarranted. 11. ..... the conviction of the appellant for the offence punishable under section 498a of the indian penal code and sentence imposed is set aside. .....

Dr. Vincent Panikulangara, Lawyer Vs. Union of India and Another

Court : Kerala

..... though no counter affidavit has been filed in this case, the learned asgi submits that the legislature had consciously provided for an exception to section 375 of the indian penal code, on account of the different custom and practices prevailing in the country, especially with reference to the marriages between children below the age ..... out that the writ petition is filed to protect and uphold the honour of indian minor women in so far as a provision has been made under section 375 of the indian penal code which indicates that sexual intercourse or sexual acts by a man with his own wife, she not being under 15 years age, is not rape. ..... section 375 of the indian penal code defines commission of rape ..... of indian penal code were conscious about the customary practices, the religious rituals and the ground realty in such a vast country where people live in diverse situations having different cultural and social background and had consciously created an exception to the general rule in regard to rape. ..... , who had appeared in person, was pointing out such an infirmity in the indian penal code which carves out an exception to the definition of rape. ..... the contention is that when commission of rape against a female with or without consent below 18 years is made punishable and when all statutes permit legal marriage only if the female is above the age of 18 years, an exception carved out under section 375 of i.p.c is arbitrary, illegal and against articles 14, 15 and 21 of the constitution .....

Deepti Anil Devasthali and Leena Anil Devastnali Vs. State of Maharash ...

Court : Mumbai

Reported in : 2009(111)BomLR3981

..... or mayso disposed of as to be put in danger of being murdered under section 364aread with section 120(b) of the indian penal code.yesdoes the prosecution prove that theaccused no.1 and 2 have committed offence of extortion under section 387aread with section 120(b) of the indian penal code.yes(2)doesthe prosecution prove that the accused have conspired and have committed anoffence of cheating by personation, punishable under section 419 read withsection 120(b) of the indian penal code.yes(3)does the prosecutionprove that the accused have conspired ..... and have committed forgery for thepurpose of cheating and thereby have committed an offence punishable undersection 465/468 read with section 120(b) of the indian penal code.yes ..... are held not guilty of the offences punishable under section 302 read with section 120b and section 201 read with section 120b of the indian penal code and both of them are acquitted for the same.12 ..... of the accused the injuries consistent with the theory of the rape were found on the private parts of the accused. ..... suresh (supra) the accused had raped and murdered four years old girl child and the mangled body of the child was .....

P. Nallammal and ors. Vs. State

Court : Chennai

Reported in : 1999CriLJ1591

..... namely the offence of criminal misconduct falling under clauses (c) to (e) were not covered in the above referred to sections of the indian penal code, could it be said that on sections 161 to 165-a of the indian penal code being deleted and brought into the 1988 act as separate sections, the offence of abetting an offence of criminal misconduct falling under clauses (c) to (e) read with section 109 of the indian penal code is completely wiped out the argument advanced before me and decided by me is that in respect of an offence ..... of the definition of the word 'offence' in the indian penal code, it is clear that the word 'offence' used in section 109 of the indian penal code relates to an offence punishable not only under the indian penal code but also under any special law or local law.18. ..... section 164 of the indian penal code provides for an offence of abetment and punishment in respect of offences under sections 162 and 163 of the indian penal code whereas section 165-a provides for the offence of abetment and punishment thereto in respect of offences falling under sections 161 and 165 of the indian penal code ..... 1969 l w 274, a question arose as to whether a person can be prosecuted for criminal conspiracy in respect of offence under the indian penal code and offences under the special or local law and in such circumstances can he be tried under section 120-b of the indian penal code read with the offences either under the indian penal code or special law as the case may be. .....

Priti Kumar Kar and ors. Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 2009CriLJ1423

..... - no court shall take cognizance of an offence punishable under section 498a of the indian penal code (45 of 1860) except constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's or mothers brother or sister or, with the leave of the court, by any other person ..... when the law has given a restrictive meaning to indicate which category of persons can fall within the class of offenders in connection with the charge under section 498a of the indian penal code, then it is not open to the court to enlarge the class to any other category of persons, save and except, the persons who are relations or relatives of the husband either by way of blood, marriage or adoption.24. ..... ' clearly indicates that for the purpose of offence under section 498a of the indian penal code, a restricted meaning of offender is given by the legislature and a person who can be arrayed as accused in connection with the charge under section 498a of the indian penal code must either be husband or the relatives of the husband of an woman.11. ..... state of maharashtra reported in : 2007(5)mhlj425 , wherein in connection with the case under section 498a of the indian penal code, the learned single judge of the bombay high court held that the word 'relative' within the meaning of 498a of the indian penal code relates to a person who is related by blood or marriage.8. .....

Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1968Cal407,72CWN440

..... the respondent-workers nor tht state government had claimed that 'gherao was protected under section 17 or section 18 of the trade union act, 1926, and therefore it was not necessary to consider if 'gherao was justified under either of the two sections but even if such immunity was claimed it was argued, the provisions in section 17 would afford no protection as offences under the indian penal code had been committed and no action had been taken by the police in spite of information ..... . the learned advocate general himself has very fairly pointed out that criminal law amendment act of 1932 in section 7 has made violence resorted to in a strike a specific offence under that section punishable with substantive imprisonment irrespective of it being any particular offence under the indian penal code or not, in the areas where that special law has been made applicable any violence in a strike is an offence ..... . there is a further liability to fine where there is a concerted intention to commit an offence, it amounts to criminal conspiracy under section 120a of the indian penal code and is not saved by section 17 of the trade unions act 1926(20) where other offences are committed they are punishable with various terms of imprisonment and fine or with both .....

Kalidas Biswas Vs. State of West Bengal

Court : Kolkata

Reported in : (2004)2CALLT389(HC)

..... the crown reported in 6 cwn 382 wherein it has been held that to justify a conviction under section 467 of the indian penal code it must be shown that the document is a false document within the meaning of section 464 of the indian penal code and that it was forged by the accused with some intent as mentioned in section 463 of the indian penal code and it is not sufficient that some possible intent may be inferred from the facts but it is necessary that such intent should be established by ..... particular case into account, it has to be found, therefore, that the document which forms the subject-matter of the charge must be proved to have been made fraudulently or dishonestly with one or other of the intentions mentioned in section 463, indian penal code by the petitioner who made it or executed it, with the intention of causing it to bebelieved that it was made, signed or executed by a person by whom he knows it had not been made, signed or executed.it follows, therefore, that ..... that since there was no finding of the learned trial court or of the learned appellate court on the point of intention to cheat and there was no finding whatsoever on the charge under section 420/34 of the indian penal code framed against the accused, it necessarily implies that the accused petitioner was acquitted of the charge under section 420 read with section 34 of the indian penal code and in that event charge under section 468 read with section 34 of the indian penal code has got no legal basis. .....