AI Overview...
Judgments in Favor of the Accused under Section 376 IPC
- Legal Safeguards and Rights of the Accused
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Section 167(2) of Cr.P.C. provides an absolute indefeasible right to the accused for statutory bail, emphasizing the importance of safeguarding procedural rights during investigations involving offenses under Sections 363, 376, 342, 506 IPC (00300043175).
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Cases Favoring Exoneration or Reversal of Conviction
- Certain judgments highlight that the applicability of Section 376 IPC must be carefully examined, and in some instances, courts have found the law not applicable or the evidence insufficient to uphold convictions under this section (INDTEL00000068160, IND_HC_WBCHCA0383042013).
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For example, courts have acquitted or reduced charges when crucial evidence was lacking or when legal provisions did not match the facts of the case (IND_HC_WBCHCA0383042013).
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Instances of Court Reversals or Dismissals
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Some judgments have resulted in the court setting aside or modifying convictions under Section 376, citing procedural lapses, lack of credible evidence, or misapplication of law (IND_HC_WBCHCA0383042013, 02200035407).
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Emphasis on Credibility and Evidence
- Courts have emphasized the necessity of reliable evidence, including medical and testimonial evidence, before convicting under Section 376. When evidence is weak or improperly considered, courts have favored the accused (01700000383, 02100136706).
Analysis and Conclusion
- While Section 376 IPC is a serious offense related to sexual crimes, numerous cases demonstrate that courts are cautious and uphold the rights of the accused, especially when evidence is insufficient or procedural safeguards are not observed.
- Courts have occasionally acquitted or reduced charges based on the lack of credible evidence, procedural irregularities, or legal misapplications.
- The consistent theme across these judgments is the importance of adherence to legal procedures and the presumption of innocence until proven guilty beyond reasonable doubt, leading to judgments in favor of the accused in certain cases.
References: - Siba Baskey VS State Of Orissa - Orissa - Petitioner/Accused vs State/Respondent - Telangana - Krishna S/O Rathnam VS State Of Karnataka - Karnataka - Nisar S/o Shri Ajmeri VS State of Rajasthan Through P. P. - Rajasthan - P. Naveen Kumar VS State of Tamil Nadu - Madras - State of Karnataka VS Wasim Pasha @ Abbu - Karnataka - SASI vs SUB INSPECTOR OF POLICE AND ANOTHER - Kerala - Ramdhan Kahra VS State of Chhattisgarh - Crimes - Mahaveer VS State of Rajasthan - Rajasthan - Manirul Haque @ Sk. Mantu vs The State of West Bengal - Calcutta
Search Results for "Judgments in Favour of Accused in under Section of 376 Ipc"
2019 0 Supreme(Ori) 465 • India - Orissa
D.DASH
Section 376 IPC - Sexual Offence - [Section 376 IPC] - The court discussed the credibility and trustworthiness of the victim's ... Fact of the Case: The petitioner was convicted for the offence under Section 376 IPC based on the testimony of the ... 376 IPC. ... Learned counsel for the State submits all in favour of the finding of guilt recorded by the courts below as to the co....
2025 Supreme(Online)(TEL) 7625 • India - High Court of Telangana
E. V. VENUGOPAL, J
Section 376 of IPC is not applicable, Section 417 of IPC cannot stand for legal scrutiny and hence, the petitioner may be exonerated from the said charges. ... Basing on the above decision learned counsel for the petitioner vehemently contended that the Section of law imposed against the petitioner i.e. Section 376 of IPC cannot be made applicable to the facts of the case when IPC sentencing the petitioner/#HL_STAR....
2018 0 Supreme(Kar) 1072 • India - Karnataka
K.N.PHANEENDRA
under Section 167(2) of Cr.P.C., which created absolute indefeasible right in favour of the accused, should be zealously safeguarded ... No. 2/1974] - Section 167(2) - Statutory bail - Offences punishable u/Ss. 363, 376, 342 & 506 of IPC and also u/Ss.4, 5 & 6 of the ... right in favour of the accused, should be zealously safeguarded by the Court-Therefore, the procedure contemplated under law, particularly ... Therefore, the procedure contemplated u....
2006 0 Supreme(Raj) 697 • India - Rajasthan
N.K.JAIN
Sexual Offense - Conviction under Section 376, IPC - [Section 376, IPC] - The court discussed the evidence presented, including ... Final Decision: The appeal was dismissed, and the conviction of the accused under Section 376, IPC was upheld. ... Fact of the Case: The accused appealed against his conviction under Section 376, IPC for commit....
2020 0 Supreme(Mad) 1185 • India - Madras
T.RAVINDRAN
Indian Penal Code, 1860 – Section 90, 375, 376 and 417 – Rigorous and Simple Imprisonment – Prosecution ... Mall, Virugambakkam and accused was also working there and accordingly victim girl and accused were moving as friends and subsequently ... of accused has also not been clearly established by prosecution and according to him even before lodgment of complaint accused is ... of the IPC and can be convicted for the offence under Section#H....
2019 0 Supreme(Kar) 817 • India - Karnataka
RAVI MALIMATH, H.P.SANDESH
Indian Penal Code,1860 - Sections 363, 366-A, 376 and 506 - Criminal Procedure Code,1973 - Section 313 ... has given benefit of doubt in favour of accused Court held that it did not take into consideration crucial evidence on record and ... of offences punishable read with Section Indian Penal Code is confirmed – Appeal allowed ... (iii) The accused is convicted for the offence punishable under Section #HL_STAR....
2013 Supreme(Online)(KER) 45435 • India - High Court of Kerala
P.BHAVADASAN, J
Fact of the Case: The accused was prosecuted for sexual assault under Section 376 IPC. ... Crime - Rape - IPC Section List - This case involved the interpretation of Section 376 of the Indian Penal Code regarding the ... Final Decision: The appeal resulted in a conviction for Section 354 IPC instead of Section 376 IPC, with a reduced sentenc....
• India - Crimes
PRASHANT KUMAR MISHRA, GAUTAM CHOURDIYA
(A) Indian Penal Code, 1860 – Sections 302/34, 376(2)(g)/34, 201/34 and 120B/34 – Conspiracy, gang rape, ... innocent people, then, no credibility can be attached to his statement – Presumption that a person acts honestly applies as much in favour ... (Paras 21, 27, 29, 30, 31, 33, 39, 40 and 41) (B) Indian Evidence Act, 1872 – Section 134 – Evidence of Police ... • Cr.A.No.249/2013 filed by accused/appellants Raghvendra @ Talu Singh Bhardwaj and Prakash Kahra is allowed in part. While....
2009 0 Supreme(Raj) 2199 • India - Rajasthan
MAHESH CHANDRA SHARMA
RAPE - AGE OF PROSECUTRIX - MEDICAL EVIDENCE - SECTION 376 IPC - SECTION 363, 366 AND 344 IPC - ST/SC PREVENTION OF ATROCITIES ... ACT - CONVICTION AND SENTENCE - APPEAL - AGE OF PROSECUTRIX - MEDICAL EVIDENCE - SECTION 376 IPC - SECTION 363, 366 AND 344 IPC ... and Mukesh were convicted and sentenced for offences under Sections 363, 366, 376, 344 IPC, and #HL_S....
2023 Supreme(Online)(HC) 774 • India - Calcutta
Ananya Bandyopadhyay, J
Section 376 of the Indian Penal Code as well as Section 511 of the Indian Penal Code are absent. 21. ... We deem it appropriate to reproduce the cases of various courts indicating circumstances in which the Court convicted the accused under Section 354 IPC . 45. In State of Kerala v. ... The judgments and orders passed by both the Learned Courts below are bad in law and fact. IPC but on invoking the provisions o....
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