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Supreme Court judgments on Section 376, Indian Penal Code, 1860

60 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under Section 376 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Shiv Pratap Singh Rana vs State of Madhya Pradesh & Anr.
SC · 8 July 2024
[2024] 7 S.C.R. 8 : 2024 INSC 481
The prosecutrix had lodged an FIR u/s. 376(2)(n) and s.506 of IPC on 06.09.2018 against the appellant. The charges u/s. 376(2) (n) and s.506 of IPC were framed against the appellant and the application for discharge file…
XXXX vs State of Madhya Pradesh & Another
SC · 6 March 2024
[2024] 3 S.C.R. 309 : 2024 INSC 181
High Court, if justified in dismissing the petition filed by the appellant u/s. 482 Cr.P.C. for quashing of FIR registered against him u/ss. 376 (2)(n) and 506 IPC.
Case Details Harvinder Singh @ Bachhu vs The State of Himachal Pradesh
SC · 13 October 2023
[2023] 13 S.C.R. 1157 : 2023 INSC 907
Whether the High Court was justified in setting aside the order of acquittal and convicting the appellant for murder and attempt to rape relying on the testimony of the prosecution witness despite contradictions, only be…
Shiva Kumar @ Shiva @ Shivamurthy vs State of Karnataka
SC · 28 March 2023
[2023] 4 S.C.R. 669 : 2023 INSC 306
Penal Code, 1860 – ss.366, 376 and 302 – Power to impose modified punishment – Appellant convicted u/ss. 366, 376 and 302 IPC – Trial Court sentenced the appellant to undergo rigorous imprisonment for the rest of his lif…
Ms. X vs The State of Maharashtra and Another
SC · 17 March 2023
[2023] 2 S.C.R. 1112 : 2023 INSC 252
Code of Criminal Procedure, 1973 – ss. 437,438 and 439 – Penal Code, 1860 – ss. 354,354-B, 376 and 506 – Anticipatory bail – Cancellation of – A complaint filed by the appellantprosecutrix, against the respondent No.2-ac…
Naim Ahamed vs State (NCT of Delhi)
SC · 30 January 2023
[2023] 1 S.C.R. 1061 : 2023 INSC 85
Penal Code, 1860 – ss.375, 376 – Conviction u/s.376, when not justified – Plea of the respondents was that the prosecutrix gave her consent for sexual relationship under the misconception of fact, as the accused had give…
Rahul vs State of Delhi Ministry of Home Affairs & Anr.
SC · 7 November 2022
[2022] 9 S.C.R. 1129 : 2022 INSC 1176
Penal Code, 1860 – ss. 365, 367, 376(2)(g), 302, 201 & 34 – A girl was kidnapped when she was returning from her job along with her friends – She was raped and killed later on and her body was thrown in open field – FIR…
The State of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai
SC · 31 October 2022
[2022] 13 S.C.R. 1033 : 2022 INSC 1139
Evidence Act, 1872 – s.32(1) – Dying declaration – Penal Code, 1860 – ss.302,376,341 and 448 – Victim was raped and set on fire – Respondent was convicted u/ss. 302, 341, 376,448 by the Sessions Court onthebasis of dying…
Chotkau vs State of Uttar Pradesh
SC · 28 September 2022
[2022] 9 S.C.R. 601 : 2022 INSC 1032
Penal Code, 1860: ss.376, 302 – Rape and murder – Conviction for, and death sentence by courts below – Challenged – Held: There were very serious contradictions in the evidence tendered by prosecution witnesses on crucia…
Shambhu Kharwar vs State of Uttar Pradesh & Anr.
SC · 12 August 2022
[2022] 7 S.C.R. 156 : 2022 INSC 827
Penal Code 1860: ss. 376, 375 – Punishment for rape – Necessary ingredients of s. 375 – On facts, accusation of rape by the second respondent-women against the appellant-man on the pretext of marriage – Application by ap…
Manendra Prasad Tiwari vs Amit Kumar Tiwari & Anr.
SC · 12 August 2022
[2022] 13 S.C.R. 174 : 2022 INSC 1317
Penal Code, 1860 – s.376 – Protection of Children from Sexual Offences Act, 2012 (POCSO) – ss. 5 and 6 – Code of Criminal Procedure, 1973 – ss. 397, 482 – Discharge of Accused – ‘X’, delivered a baby and thereafter commi…
Veerendra vs State of Madhya Pradesh
SC · 13 May 2022
[2022] 4 S.C.R. 225 : 2022 INSC 565
Penal Code, 1860 – ss. 376A, 376 (2)(i), 302 – POCSO Act – s. 6 – Rape and murder of a minor girl – Prosecution case that appellant-accused had raped and throttled to cause death of victim, who was daughter of appellant’…
Mohd. Firoz vs State of Madhya Pradesh
SC · 19 April 2022
[2022] 19 S.C.R. 168 : 2022 INSC 429
Penal Code, 1860 – Ss. 302, 376(2)(i), 376(2)(m), 363, 366, 376A – Protection of Children from Sexual Offences Act, 2012 (POCSO) – ss. 5 (i), 5 (m), 6 – Evidence Act, 1872 – s. 106 – Code of Criminal Procedure, 1973 – ss…
Pappu vs The State of Uttar Pradesh
SC · 9 February 2022
[2022] 2 S.C.R. 13 : 2022 INSC 164
Penal Code, 1860: ss. 376, 302, 201 – Protection of Children From Sexual Offences Act 2012 – ss. 5, 6 – Circumstantial Evidence – Prosecution case was that appellant enticed a seven year old girl to accompany him on the…
Lochan Shrivas vs The State of Chhattisgarh
SC · 14 December 2021
[2021] 14 S.C.R. 809 : 2021 INSC 882
Penal Code 1860: ss.363, 366, 376(2)(i), 377, 201, 302 and 376A – Prosecution case was that on the fateful day, the minor daughter of complainant was found missing – They went in search for her but she was not found anyw…
Phool Singh vs The State of Madhya Pradesh
SC · 1 December 2021
[2021] 9 S.C.R. 317 : 2021 INSC 812
Penal Code, 1860 – s.376 – Rape – Prosecution case that when the husband of the victim/prosecutrix was in another village and she was alone and sleeping in her room, the accused jumped the wall, entered into the room of…
Irappa Siddappa Murgannavar vs State of Karnataka
SC · 8 November 2021
[2021] 11 S.C.R. 51 : 2021 INSC 707
Penal Code, 1860: ss. 302, 376, 364, 366A and 201 – Rape and murder – Prosecution case that accused raped and murdered a five year old girl, and then disposed of her body, tied in a gunny bag, into the stream – Convictio…
State of Madhya Pradesh vs Mahendra alias Golu
SC · 25 October 2021
[2021] 10 S.C.R. 133 : 2021 INSC 665
Penal Code, 1860: s.376(2)(f) or s.354 – Prosecution case was that about fortnight prior to the date of registration of FIR, the two victim-prosecutrix (PW-1 and PW-2) aged about 9 years and 8 years respectively were pla…
Seelan @ Jeyaseelan vs The Inspector of Police
SC · 16 December 2020
[2020] 13 S.C.R. 1235 : 2020 INSC 703
Penal Code, 1860: s.376(2) - Plea of petitioner that the charge was under s.376(1) and not under s.376(2) - On facts, charge was framed under s.376 which would include s.376(2) - There was concurrent finding of fact that…
Shatrughna Baban Meshram vs State of Maharashtra
SC · 2 November 2020
[2020] 13 S.C.R. 1 : 2020 INSC 624
Penal Code, 1860 – s.376(1), (2)(f), (i), (m), s.376-A and s.302 – Protection of Children from Sexual Offences Act, 2012 – s.6 – Rape and murder of a minor girl – A two-and-a-half-year-old girl was subjected to sexual as…
Santosh Prasad @ Santosh Kumar vs The State of Bihar
SC · 14 February 2020
[2020] 2 S.C.R. 798 : 2020 INSC 192
Penal Code, 1860: ss.376(1), 450 – Rape – Prosecution case was that the accused-appellant committed rape on prosecutrix who was his brother’s wife – Conviction by courts below, solely based on deposition of prosecutrix –…
Manoharan vs State by Inspector of Police, Variety Hall Police Station, Coimbatore
SC · 1 August 2019
[2019] 18 S.C.R. 1007 : 2019 INSC 851
Penal Code, 1860 – ss.302, 376 and 201 – Murder – Rape – Co-accused (now deceased) using borrowed school van, picked up a 10-year old girl and her 7-year old brother who were waiting to go to school – He thereafter picke…
Anurag Soni vs State of Chhattisgarh
SC · 9 April 2019
[2019] 6 S.C.R. 972 : 2019 INSC 503
Penal Code, 1860 – ss.90, 375 and 376 – Prosecution case that the prosecutrix was familiar with the accused-appellant since 2009 and there was love affair between them – Appellant established physical relation with her o…
Ankush Maruti Shinde and Others vs State of Maharashtra
SC · 5 March 2019
[2019] 4 S.C.R. 709 : 2019 INSC 305
Penal Code, 1860: ss. 395, 302 read with 34, ss. 376 (2)(g), 307 read with s. 34, ss. 396, 397 and 398 – Dacoity with murder and rape – Prosecution case that commission of murder of five persons, robbery as well as rape…
Dattatraya @ Datta Ambo Rokade vs The State of Maharashtra
SC · 21 February 2019
[2019] 11 S.C.R. 295 : 2019 INSC 247
Penal Code, 1860: ss. 302, 376(2)(f), 377, 363, 364, 367 and 201 r/w ss. 3,4,5 (i) (l) and (m) of the Protection of Children from Sexual Offences Act, 2012 – Rape and murder of minor child – Conviction by trial court – D…
Parkash Chand vs State of Himachal Pradesh
SC · 12 February 2019
[2019] 3 S.C.R. 953 : 2019 INSC 182
Penal Code, 1860 – ss. 376 and 506 – Rape – PW.2prosecutrix alleged that appellant caught hold of her on a common path of villages and dragged her in the bushes – She raised hue and cry but nobody was there at the place…
The State of Himachal Pradesh vs Manga Singh
SC · 28 November 2018
[2018] 14 S.C.R. 904 : 2018 INSC 1120
Penal Code, 1860 – s.376 – Prosecutrix-PW-4 was staying in her aunt’s house – Respondent-accused is son of the aunt – FIR filed stating that the respondent used to make the prosecutrix sleep with him and commit sexual in…
State (Govt. of NCT of Delhi) vs Pankaj Chaudhary and Ors.
SC · 30 October 2018
[2018] 14 S.C.R. 78 : 2018 INSC 1017
Penal Code, 1860 – s.376(2)(g) – Case of the prosecution that accused-respondents, living in the neighbourhood of the prosecutrix entered her jhuggi on 28.07.1997 at about 9.00 pm and raped her – Trial court convicted th…
Hemudan Nanbha Gadhvi vs State of Gujarat
SC · 28 September 2018
[2018] 12 S.C.R. 672 : 2018 INSC 909
Penal Code, 1860: s.376(2)(f) – Sexual assault on minor – Accused-appellant was identified by prosecutrix in test identification parade – However, six months later, while deposing during trial, the prosecutrix and the ot…
State of Madhya Pradesh vs Preetam
SC · 29 August 2018
[2018] 10 S.C.R. 627 : 2018 INSC 757
Penal Code, 1860 – s.376– Prosecutrix raped by respondentaccused– Trial court convicted the respondent– High Court reversed the conviction and acquitted the respondent– On appeal, held: In the present case evidence of pr…

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