376 2 i ipc. Section 376 of Indian Penal Code, 1860 2019-02-24

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Section 376(2) (f) of the Indian Penal Code= the victim is an eight year old girl who possibly would be deprived of the dreams of “Spring of Life” and might be psychologically compelled to remain in the “Torment of Winter”. When she suffers, the collective at large also suffers. Such a singular crime creates an atmosphere of fear which is historically abhorred by the society. It demands just punishment from the court and to such a demand, the courts of law are bound to respond within legal parameters. It is a demand for justice and the award of punishment has to be in consonance with the legislative command and the discretion vested in the court. The mitigating factors put forth by the learned counsel for the appellant are meant to invite mercy but we are disposed to think that the factual matrix cannot allow the rainbow of mercy to magistrate. Our judicial discretion impels us to maintain the sentence of rigorous imprisonment for life and, 22Page 23 hence, we sustain the judgment of conviction and the order of sentence passed by the High Court. 23. Ex consequenti, the appeal, being sans merit, stands dismissed.

376 2 i ipc

No member of society can afford to conceive the idea that he can create a hollow in the honour of a woman. In cases, a person has been previously convicted for the offences, under section 376 or section 376 A or section 376 D, and has again committed the offence under any of the above-mentioned sections, he shall be liable to life imprisonment. It would bring more sensitivity and consciousness in saying a child has been raped instead of referring rape of 2 year child as woman has been raped. Exception- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. California's Penal Code section 290 was amended by theAssembly Bill 1562 to allow for the public registration of sexual and violent sexual offenders following the United States Congress Public Law 104-145.

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Section 376 of Indian Penal Code, 1860

376 2 i ipc

The learned counsel for the appellant would submit that the appellant has four children and if the sentence is maintained, not only his life but also the life of his children would be ruined. इस अपराध के अलग-अलग हालात और श्रेणी के हिसाब से इसे धारा 375, 376, 376क, 376ख, 376ग, 376घ के रूप में विभाजित किया गया है. Evidence of Prosecutrix : In every rape case, the evidence of the prosecutrix or the woman who has been raped is a very crucial piece of testimony to prove the case against the accused. The district attorney can file either felony or misdemeanor. But hot discussions were made in Parliament.

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JUSTICE PERIKARUPPAIAH JUDGEMENTS: 376 IPC

376 2 i ipc

Decision for examination under anaesthesia and repair of vaginal perennial tear taken. Hence, this appeal at the instance of the appellant. Then it was reported to Police. Exception to Section 375 also confirms it. In this context, we may refer with profit to the pronouncement in Jameel v. Such a singular crime creates an atmosphere of fear which is historically abhorred by the society.


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RAPE SECTION OF IPC 376, 375

376 2 i ipc

It is a demand for justice and the award of punishment has to be in consonance with the legislative command and the discretion vested in the court. आप शिक्षित हैं, आप यौन संबंध के लिए ना कह सकती थीं. The interpretation of word consent is so twisted that refusal to marry, failed live in relationship, failed deal vis a vis consensual relationship, all are chargeable rapes depending on how the girl puts it. Gurmit Singh and others7 , this Court stated with anguish that crime against women in general and rape in particular is on the increase. It serves as a deterrent. They all came out and went to the front portion of the house.


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IPC 376C: Section 376C of the Indian Penal Code

376 2 i ipc

The allegation of threat was 4Page 5 disputed by the accused. While the prosecutrix was travelling in a bus, the accused raped her. Both the accused appealed the House of Lords. In the custodial rape, it is not the rape victim but the accused who will be required to furnish proof of his innocence. On further appeal, the Supreme Court confirmed the decision of trial court and convicted the accused.

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Section 376 of Indian Penal Code, 1860

376 2 i ipc

However, it did not apply automatically in the , which had their own courts and until the 1940s. This article incorporates text from this source, which is in the. The victim has deposed that about 1. The Court acquitted the accused treating that the prosecutrix was a consenting party. All employers or persons in charge of work place, whether in the public or private sector, should take appropriate steps to prevent sexual harassment.

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What is the IPC Act 376?

376 2 i ipc

Judgment: The Supreme Court gave the judgment holding that the High Court erred in ordering to re-instate the respondent. This is no rape, but this is taken as rape to start with. If some greedy lawyer advice you to lodge criminal complaint against him or move court for criminal charges, that means he's making fool of you nothing else. Such thinking is not only lamentable but also deplorable. He molested an unmarried girl, who was working as typist-cum-clerk in his office. The plight of the child and the shock suffered by her can be well visualised.

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Legal Provisions Regarding “Custodial Rape” in India

376 2 i ipc

Sankarasubbu For Respondent : Mr. Rape is a monstrous burial of her dignity in the darkness. A fifteen years young girl was taken to him for the treatment. The short facts necessary for the disposal of this appeal can be stated as follows: a P. At the time of occurrence, P.

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Section 376 IPC

376 2 i ipc

The judgement of Suresh Kaushal v. This law has wide and serious ramifications. The accused was taken to the Government Hospital for potency test. He did molest her, though. Adultery continues to be a ground for seeking divorce in a Civil Court, but is no longer a criminal offence in India.

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