AI Overview...
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Section 376(2) Convictions and Cases
Multiple cases involve convictions under Section 376(2) of the IPC, which pertains to aggravated rape, often involving minors (ages 9-11). For example, in Sohan @ Sonu VS State - Crimes, the appellant was convicted for raping a 10-year-old girl in a jungle, with the judgment upheld by the Sessions Court. Similarly, Baban Vithal Katalkar VS State of Maharashtra - Crimes involved a conviction for raping a 9-year-old girl, with the court emphasizing the act of penetration was proved, leading to a 5-year imprisonment.
Laddu Gopal VS State of Rajasthan - Crimes details a conviction under Section 376(2)(c) for a defendant sentenced to 10 years imprisonment, while Ashok Shamrao Thakare VS State of Maharashtra - Crimes describes a case where an appellant was convicted under Section 376(2)(f) for raping his 11-year-old daughter, sentenced to 10 years.
In State of Rajasthan VS Naraian Lal son of Amar Chand Khatik - Rajasthan, the court acquitted the accused of charges under POCSO and Section 376(2) IPC due to insufficient evidence but convicted him under Section 354 IPC for assault, highlighting evidentiary challenges in such cases. -
Legal Proceedings and Appeals
Many convictions are challenged via appeals under Section 374 of the Cr.P.C. (Sohan @ Sonu VS State - Crimes, Baban Vithal Katalkar VS State of Maharashtra - Crimes, Laddu Gopal VS State of Rajasthan - Crimes), with some courts confirming the convictions, emphasizing the credibility of medical and testimonial evidence. In Gudu Yadav @ Pawan Yadav Son Of Late Govind Yadav VS State Of Jharkhand - Jharkhand, the court quashed a conviction under Section 376(2)(g) but convicted the accused for other offenses, indicating nuanced judicial scrutiny.
The cases also reflect the courts' careful evaluation of evidence, especially regarding proof of penetration and victim testimony, which are critical in sexual offense cases. -
Sentencing and Prisoner Transfers
Several cases (GIRRAJ @ GULLA S/O SHRI HARDHAN Vs STATE OF RAJASTHAN - Rajasthan, RAJKUMAR S/O SHRI SARDAR SINGH Vs STATE OF RAJASTHAN - Rajasthan) discuss the eligibility of convicts under Sections 376(2)(G) and (Jha) for transfer to open air camps, with courts examining whether such prisoners meet the criteria for such transfers, often rejecting applications based on the nature of the offense and the convicted individual's profile. -
Summary and Insights
- Convictions under Section 376(2) primarily involve minors and are upheld when evidence, especially medical and testimonial, convincingly proves the offense.
- Appeals frequently challenge the conviction or seek transfer to open air camps, with courts rigorously analyzing the evidence and legal criteria.
- The cases underscore the importance of clear proof of penetration in rape cases and highlight judicial caution in conviction and sentencing processes.
References:
- Sohan @ Sonu VS State - Crimes, Gudu Yadav @ Pawan Yadav Son Of Late Govind Yadav VS State Of Jharkhand - Jharkhand, Baban Vithal Katalkar VS State of Maharashtra - Crimes, Arjun Singh VS State of Himachal Pradesh - Supreme Court, GIRRAJ @ GULLA S/O SHRI HARDHAN Vs STATE OF RAJASTHAN - Rajasthan, RAJKUMAR S/O SHRI SARDAR SINGH Vs STATE OF RAJASTHAN - Rajasthan, Laddu Gopal VS State of Rajasthan - Crimes, Ashok Shamrao Thakare VS State of Maharashtra - Crimes, Laddu Gopal VS State of Rajasthan - Crimes, State of Rajasthan VS Naraian Lal son of Amar Chand Khatik - Rajasthan
Search Results for "376 2 N Convicted"
• India - Crimes
PRAFULLA C.PANT, B.S.VERMA
Indian Penal Code, 1860—Section 376(2)—Appellant convicted for committing rape of minor 10 years old girl in jungle—Prosecutrix and ... under Section 376(2) of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.). ... This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 5.7.2003, passed by learned Sessions Judge, Dehradun, in Sessions trial No.60 of 2001, whereby accused appellant Soh....
2018 0 Supreme(Jhk) 2821 • India - Jharkhand
SUJIT NARAYAN PRASAD
The court quashed the conviction under Section 376(2)(g) but convicted the appellant for offenses under Section 450 and 323 of the ... Final Decision: The appellant was acquitted of the charge under Section 376(2)(g) but convicted for offenses under Section ... Finding of the Court: The court found that the conviction under Section 376(2)(g) was not based on evidence as the ... No.267 of 2008), registered for the offence under Sections 3....
• India - Crimes
B.H.MARLAPALLE
Indian Penal Code, 1860—Section 376(2)(f)—Appellant convicted for committing rape on 9 year old girl—Appeal—Medical evidence read ... u/s 376 (2)(f) r/w 511 IPC and sentenced 5 years imprisonment with fine. ... disbelieve her—Act of penetration however could not be proved though attempt to commit rape was duly proved—Appellant was liable to be convicted ... The appellant-accused has been convicted for the offence punishable under Section 376 (#HL_STA....
2008 0 Supreme(SC) 1570 • India - Supreme Court
ARIJIT PASAYAT, MUKUNDAKAM SHARMA
(2)(g) - Convicted - Appeals preferred by accused persons were disposed of accused persons were found guilty of offence punishable ... Tribes (Prevention of Atrocities) Act - Section 3(x) - Indian Penal Code, 1860 - Sections 452, 323 read with Section 34 and Section 376 ... The Trial Court then proceeded to try the case and ultimately convicted and sentenced the five accused persons as aforesaid, but acquitted their sixth accomplice. ... Appellants plea was that they were not involved in the crime and have been implicat....
• India - High Court Of Rajasthan
ANOOP KUMAR DHAND
PRISONERS - OPEN AIR CAMP - ELIGIBILITY - [Section 376(2)(G) IPC] - Petitioner convicted under Section 376(2)(G) IPC not entitled ... Fact of the Case: Petitioner, convicted under Section 376(2)(G) IPC, challenged the rejection of his application for ... Issues: Whether the petitioner, convicted under Section 376(2)(G) IPC, was eligible for transfer to Open Air Camp under Rule ... therein that....
2023 Supreme(Online)(RAJ) 3684 • India - High Court Of Rajasthan
ANOOP KUMAR DHAND
PRISONERS - OPEN AIR CAMP - ELIGIBILITY - [Section 376(2)(Jha) of IPC] - Petitioner convicted under Section 376(2)(Jha) of IPC ... Fact of the Case: Petitioner, convicted under Section 376(2)(Jha) of IPC, challenged the rejection of his application ... Issues: Whether the petitioner, convicted under Section 376(2)(Jha) of IPC, is eligible for transfer to Open Air Camp despite ... therein that ....
• India - Crimes
SHIV KUMAR SHARMA
Indian Penal Code, 1860 - Section 376(2)(c) - Appellant convicted under and sentenced imprisonment for 10 years with fine - Appeal ... Laddu Gopal, the appellant herein, along with Asha Devi and Poonam Chauhan were placed on trial before Learned Additional Sessions Judge No. 1 (Fast Track) Jaipur City, who vide judgment dated February 26, 2002 convicted the appellant under Section 376(2)(c) IPC and sentenced him to suffer rigorous imprisonment ... Goyal, learned Public Prosecutor suppo....
• India - Crimes
A.H.JOSHI
Indian Penal Code, 1860 — Section 376(2)(f) — Appellant convicted for having committed rape on his daughter aged about 11 years — ... .— This is an appeal by the accused who has been convicted of offence under Section 376(2)(f) read with Section 354 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for three months. ... 2. The prosecution case in brief i....
• India - Crimes
SHIV KUMAR SHARMA
Indian Penal Code, 1860 — Section 376(2)(c) — Appellant convicted under and sentenced imprisonment for 10 years with fine — Appeal ... Laddu Gopal, the appellant herein, along with Asha Devi and Poonam Chauhan were placed on trial before Learned Additional Sessions Judge No. 1 (Fast Track) Jaipur City, who vide judgment dated February 26, 2002 convicted the appellant under Section 376(2)(c) IPC and sentenced him to suffer rigorous imprisonment ... Goyal, learned Public Prosecutor suppo....
2017 0 Supreme(Raj) 1050 • India - Rajasthan
VIJAY BISHNOI
the accused of charges under POCSO and Section 376(2) IPC due to insufficient evidence but convicted him under Section 354 IPC for ... Therefore, the court acquitted the accused of the charges under POCSO and Section 376(2) IPC but convicted him of assault under Section ... POCSO ACT - SECTION 3/4 READ WITH SECTION 18 - SECTION 376(2) READ WITH SECTION 511 IPC - SECTION 354 IPC - The court acquitted ... respondent be convicted and s....
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