Raj Kumar Kol Versus State of Madhya Pradesh

CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)

Section 161 - Examination of witnesses by police

Section 164 - Recording of confessions and statements

Section 433 A - Restriction on powers of remission or Commutation in certain cases

CONSTITUTION OF INDIA 1949

Section 72 - Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases

Section 161 - Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases

INDIAN PENAL CODE, 1860

Section 302 - Punishment for murder

Section 323 - Punishment for voluntarily causing hurt

Section 366 - Kidnapping, abducting or inducing woman to compel her marriage

Section 376 A - Intercourse by a man with his wife during separation

Section 376 B - Intercourse by public servant with woman in his custody

Section 375 - Rape

INDIAN EVIDENCE ACT, 1872

Section 8 - Motive, preparation and previous or subsequent conduct

Section 27 - How much of information received from accused may be proved

Section 157 - Former statements of witness may be proved to corroborate later testimony as to same fact

Protection of Children from Sexual Offences (POCSO) Act 2012 in Hindi

Tags Murder Rape

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 5786 of 2018, Judgment Date: Oct 26, 2018

Law laid dow -

Fingering into the vagina would be a rape within the definition of rape under Section 375 of IPC as substituted by Act No.13 of 2013 w.e.f. 03-02-2013. Taking into consideration the totality of the facts, nature, motive and the manner of the offence, capital punishment is commuted to the Rigorous imprisonment for a period of 20 years and fine of Rs.10,000/-.

Raj Kumar Kol Versus State of Madhya Pradesh

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