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Showing contexts for: section 328 penal code in State vs . 1. Anwar on 22 April, 2014Matching Fragments
Upon completion of necessary further investigation challan for the offences u/s 376(2)(g)/365/366/342/328/120B/34 IPC and u/s 4/5/6 ITP Act was prepared against accused Anwar and Sushma and was sent to the Court for trial.
2. Since the offences under section 376(2)(g)/366/328 IPC are exclusively triable by the Court of Session therefore, after compliance of the provisions of section 207 Cr.P.C. the case against accused Anwar and Sushma was committed to the Court of Session under section 209 Cr.P.C.
4. Upon committal of the case to the Court of session and after hearing on charge, prima facie a case u/s 376(2)(g) IPC, Section 342/34 IPC and Section 372/34 IPC against accused Anwar, a case u/s 120B IPC, Sections 328/365 IPC r/w section 120B IPC against accused Anwar and Smt. Sushma on 14/01/2008 and prima facie a case u/s 120B IPC, Section 5 of the Immoral Traffic (Prevention) Act, 1956, Sections 343/323 IPC and Section 328 IPC against accused Mercy Serroa @ Shanti on 23/09/2008 were made out. The charges were framed accordingly, which were read over and explained to the accused to which they pleaded not guilty and claimed trial.
The charge for the offences punishable u/s 120B IPC and Sections 328/365 IPC r/w Section 120B IPC against accused Anwar and Sushma is that on or before 06/08/2007, they both agreed and conspired with each other to do an illegal act i.e. to abduct the prosecutrix (name withheld) daughter of Babu Lal aged about 19 years from her house with intention to sell her to one Shanti and to force her to marry her with some one and that on 06/08/2007 at about 8:00 p.m. main market Budh Vihar in front of Hanuman Mandir they both as per the conspiracy hatched by them mentioned above administered some intoxicant to the prosecutrix (name withheld) which was provided to her by accused Sushma by mixing the same in juice with intent to facilitate the offence of abduction and in pursuance of the said act she become unconscious and later on she was abducted by accused Anwar with the 47 of 161 PS - Sultan Puri intention to sell to force her to marry with someone and to put her into prostitution.
The charge for the offences punishable u/s 120B IPC, Section 5 of the Immoral Traffic (Prevention) Act, 1956, Sections 343/323 IPC and Section 328 IPC against accused Mercy Serroa @ Shanti is that as per the conspiracy hatched by her coaccused namely Anwar and Sushma to do an illegal act i.e. to sell prosecutrix (name withheld) to her (Mercy Serroa @ Shanti) after her kidnapping and that from the date when (prosecutrix (name withheld) was sold to her and she kept her and thereafter she procure her at her above mentioned house for the purpose of prostitution and she used to send prosecutrix (name withheld) to customer for the purpose of prostitution and that from the date when her coaccused mentioned above brought the prosecutrix (name withheld) at her house, she wrongfully confined her at her above mentioned house for more than 10 days and during this period she used to give bearings to her and that on her above mentioned house during the period of wrongful confinement of the prosecutrix (name withheld) she used to give intoxicated injections to her with intention to cause hurt to her and to facilitate the commission of offence of wrongfully 48 of 161 PS - Sultan Puri confinement and to send her for prostitution.