Court : Supreme Court of India
..... in the latter part of section 375 ipc. it is the absence of willful and informed consent embodied in the seven descriptions to section 375 which makes the offence of rape criminal.218. on the other hand, section 377 ipc contains no such descriptions/exceptions embodying the absence of willful and informed consent and criminalises even voluntary carnal intercourse both between homosexuals ..... .94. after 2013, when section 375 was amended so as to include anal and certain other kinds of sexual intercourse between a man and a woman, which would not be criminalized as rape if it was between consenting adults, it is clear that if 92 section 377 continues to penalize such sexual intercourse, an anomalous position would result. a man indulging in ..... section 375 ipc clearly stipulates that carnal intercourse between a man and a woman with the willful and informed consent of the woman does not amount to rape and is not penal.220. despite the criminal law (amendment) act, 2013 coming into force, by virtue of which section 375 was amended, whereby the words ?sexual intercourse in section 375 were replaced by ..... . sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape. 78 supra note 75, at pages 232-249. 40 part d excluded from criminal liability when they take place in the course of consensual heterosexual contact. parliament has ruled against them being regarded against the order of nature .....Tag this Judgment!
Court : Punjab and Haryana
..... submitted before the learned area judicial magistrate. he also contends that after arrest of naib singh and recovery of the prosecutrix, section 376 ipc, was added but the allegations of rape criminal misc. not m-5329 of 2013 (o&m) ..2.have been alleged against naib singh only. learned counsel for the state, on instructions from asi darshan singh, fairly concedes that ..... the allegations of rape are not there against the petitioners.however, he submits that due to active assistance of the petitioners.their co-accused, naib singh, had enticed away the prosecutrix, therefore, the prayer ..... m-5329 of 2013 (o&m) ..1.in the high court of punjab and haryana at chandigarh criminal misc. not m-5329 of 2013 (o&m) date of decision:14. h march, 2013 makhan singh and another ...petitioners versus state of punjab ...respondent coram: hon'ble mr.justice .....Tag this Judgment!
Court : Delhi
Reported in : 1997VAD(Delhi)170; 68(1997)DLT306; 1997(43)DRJ316
..... , 1993. allegedly during this period the 'accused persons' beat her, snatched her hair, subjected her to assault and criminal force with an intention to outrage her modesty, made her naked and raped her in the presence of her brother. she further claims that at the time of her release on february 11, 1993 ..... the allegations contained in the complaint only as if the statements recorded on oath were not of much consequence. (12) section 227 of the code of criminal procedure having bearing on the points in issue, provides: '227.discharge - if, upon consideration of the record of the case and the documents submitted therewith ..... that there is ground for presuming that the accused has committed the offence. (14) the interaction of sections 227 and 228 of the code of criminal procedure has already been the subject matter of consideration by the supreme court. the two leading cases on the point which immediately come to mind are ..... the accused is not exactly to be applied at the stage of deciding the matter either under section 227 or section 228 of the code of criminal procedure. to go back to the dictum in stree atyachar virodhi parishad's case (supra) all that the court has to consider at the stage ..... complainant in the police station, in beatings given to her, and in outraging her modesty. there is also evidence to show that the complainant was raped while in illegal detention and that the station house officer abetted and connived at it. even otherwise he was in-charge of the police station .....Tag this Judgment!
Court : Guwahati
..... ipc irrespective of the fact as to whether consent of pb was or was not available to such sexual intercourse. 13. whether the allegations of criminal trespass, rape and criminal intimidation are or are not true, are the questions, which, now, need to be determined and, for this purpose, let us, first, ..... intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, is said to commit criminal trespass. 38. when criminal trespass is committed by a person by entering into or remaining in any building used as human dwelling, the act amounts to house ..... , the accused-appellant, as the evidence on record eloquently speaks, went to the house of pw4 in order to commit the offence of rape and though rape was committed not at the house of pw4, but at the house of the accused, yet the fact remains that the very entry of ..... the evidence on record, otherwise, also clearly establishes the fact that the accused-appellant did have sexual intercourse with pw5 and committed thereby offence of rape. 35. before proceeding further, we may also point out that mr. talukdar, learned amicus curiae, has also sought to contend that there is ..... settled that the prosecutrix cannot be considered as accomplice and, therefore, her testimony cannot be equated with that of an accomplice in an offence of rape. in examination of genital organs, state of hymen offers the most reliable clue. while examining the hymen, certain anatomical characteristics should be remembered before .....Tag this Judgment!
Court : Karnataka
Reported in : 2005CriLJ2676; ILR2005KAR2232; 2005(4)KarLJ404
..... pws 1 to 4 and the injuries in private part of pw-2 as found by the medical officers, it may be held that charge of rape and criminal intimidation have been proved,6. replying to this, sri j. chandrashekaraiah, learned counsel for the respondent submits that in a case of an allegation by ..... , j.1. the main point for consideration in this appeal preferred by the state challenging the acquittal of the respondent for offences of rape and criminal intimidation, is to what extent inconsistencies in depositions of prosecution witnesses, and doubts entertained by the trial judge in view of such inconsistencies or ..... less than from the conviction of the innocent...' in short our jurisprudential enthusiasm for presumed innocence must be moderated by the pragmatic need to make criminal justice potent and realistic. a balance has to be struck between chasing chance possibilities as good enough to set the delinquent free and chopping the ..... understand certain acts of the accused.14. as regards acceptability of the version of a rape victim, he has referred to the decision in the case of state of punjab v. gurmit singh and ors., 1996 sc (criminal) 316 which lays down a principle that the testimony of the victim of sexual ..... consequently we had that the respondent is guilty of an offence of attempting to commit rape punishable under section 376 r/w 511 of the i.p.c.40. as regards the other offence of criminal intimidation, the alleged threat is not such as to presume any offence under section 506 of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC2669; 2003(2)ALD(Cri)191; 2003(51)BLJR1687; 2003CriLJ3535; JT2003(5)SC323; RLW2003(4)SC465; 2003(5)SCALE152; (2003)5SCC746; 2003(2)LC1309(SC)
..... prevention of atrocities) act, 1989; section 376(2)(g) and section 506 of the indian penal code on the allegation that they had, on march 4, 1992, committed gang rape and criminally intimidated kumari lusia a tribal woman, who was posted as assistant teacher in the primary government school at village bagod. the trial court acquitted them of the charge under the ..... parades are essentially governed by section 162 of the code of criminal procedure. failure to hold a test identification parade would not make inadmissible the evidence of identification in court. the weight to be attached to such identification should be a ..... on whose testimony it can safely rely, without such or other corroboration. the identification parades belong to the stage of investigation, and there is no provision in the code of criminal procedure, which obliges the investigating agency to hold, or confers a right upon the accused to claim, a test identification parade. they do not constitute substantive evidence and these ..... the appellants were put up for trial before the additional sessions judge, vidisha, where the prosecutrix identified them as the three persons who had subjected her to sexual assault and criminal intimidation.4. a few facts which may be noticed at the threshold are that the investigating officer did not consider it necessary to hold the test identification parade. surprisingly, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : [2007(1)JCR342(SC)]; JT2006(12)SC559; 2006(10)SCALE45; (2006)8SCC560
..... vaginal mucosa of victim. stains of semen were also found on the underwear worn by the accused. the conviction of accused held proper.14. the distinction between rape and criminal assault has been aptly described in the english case rex v. james lloyd (1836) 7 c&p; 317 : 173 er 141. in this case, ..... writ large on her body. young or old intelligent or imbecile, awake or sleeping, the woman possesses a modesty capable of being outraged. whoever uses criminal force to her with intent to outrage her modesty commits an offence punishable under section 354. the culpable intention of the accused is the crux of the ..... sections 366 and 354 ipc. the appellant was charged under sections 376/511 ipc but on invoking the provisions of section 222 of the code of criminal procedure the accused charged with major offence can always be convicted for the minor offence, if necessary ingredients of minor offence are present. 27. on ..... imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent ..... while summing up the charge to the jury, justice patterson observed:in order to find the prisoner guilty of an assault with intent to commit a rape, you must .....Tag this Judgment!
Court : Guwahati
..... rare indeed where the offender can be shown to have acted with the intention of outraging her modesty. rarely does a normal man use criminal force to an infant girl for satisfying his lust. i regret to say that we have before us one of such rare cases.in ..... of acts which would constitute its actual commission if it were not interrupted. an attempt is an act done in part execution of a criminal design, amounting to more than mere preparation, but failing short of actual commission and possessing, except for failure to consummate, all the elements ..... against any substance, (it) may be reddened and swollen.15. after closer of the prosecution witnesses while the accused was examined under section 313 crpc, the defence apart from taking defence of total denial, the accused also stated that there were some dispute regarding the boundary of the land ..... situation it can be said to be an attempt to commit rape attracting section 511, ipc, which involves the question as to whether it was an attempt to commit rape or criminal assault. the distinction between attempt to commit rape and the criminal assault has been discussed in the case of rex v. ..... james lloyd reported in (1836) 7c and p 817 : 173 er 141, while summing up the charge to the jury, justice patterson observed as follows:in order to find the prisoner guilty of an assault with intent to commit a rape .....Tag this Judgment!
Court : Punjab and Haryana
..... no.381-sb o 10. maharashtra,, air 197.sc 185.and uday v. state of karnataka, 2003(2) r.c.r. (criminal) 99 :2004. 1) apex criminal 13 : air 200.supreme court 1639). 18. as is apparent from the record that the appellant was convicted for having committed the ..... evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant criminal appeal and emanating from the record, as claimed by the prosecution, is that on 5.2.1997 at about 1.30 p.m., the prosecutrix ..... be disputed here is that the legal proposition with regard to burden of proof in criminal (rape) cases was considered by the hon'ble apex court in case narender kumar v. state (nct of delhi) 2012 (3) rcr (criminal) 66. having considered the provisions of section 376 ipc, sections 53 & 54 ..... avail the opportunity of running from his company despite adequate opportunities in the manner described here-in-above. moreover, if the appellant had committed forcible rape, then, she would have suffered injuries on her body. no explanation whatsoever, muchless cogent, is forthcoming on the record even to suggest remotely ..... the prosecution claimed that on 5.2.1997, the appellant had kidnapped and repeatedly raped the prosecutrix. in the background of these allegations and in the wake of subsequent statement (ex.pc/1) of the complainant, the present criminal case was registered against the appellant, his father gurbachan singh (acquitted accused) and .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2012(11)SCALE140
..... penalty.standardization and categorization of crimes:52. despite bachan singh, the "particular crime" continues to play a more important role than the "crime and criminal" as is apparent from some of the cases mentioned above. standardization and categorization of crimes was attempted in machhi singh for the practical application of the ..... circumstances through a balance sheet theory. in doing so, it sought to compare aggravating circumstances pertaining to a crime with the mitigating circumstances pertaining to a criminal. it hardly need be stated, with respect, that these are completely distinct and different elements and cannot be compared with one another. a balance sheet ..... in reducing their death sentence.47. sebastian v. state of kerala, (2010) 1 scc 58 was a case in which the criminal had raped and murdered a two-year-old child. he was found to be a pedophile with "extremely violent propensities". earlier, in 1998, he ..... death after taking into consideration the brutal nature of the crime but not the circumstances of the criminal.38. mohd. mannan v. state of bihar, (2011) 5 scc 317 was a case of a brutal rape and murder of a seven-year-old girl. while confirming the sentence of death, this court ..... was convicted of an offence under section 354 of the ipc, that is, assault or use of criminal force on a woman with intent to outrage her modesty, an .....Tag this Judgment!