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Showing contexts for: s.366 ipc in The State vs Angad Kumar S/O Musafir Singh on 21 July, 2014Matching Fragments
recorded before ld MM u/s 164 CrPC. After completion of investigation , accused was chargesheeted for offences u/s 363/366 A IPC.
4. Vide order dated 01.08.2012, Ld MM took the cognizance of the offences and subsequently, since the offence u/s 366 A IPC was exclusively triable by the court of sessions, therefore, vide order dated 30.8.2012 , case was committed to the court of sessions.
24. In order to attract Section 366A IPC, essential ingredients are (1) that the accused induced a SC No. 47/14 State vs Angad Kumar (Page 11 of 24 ) D.O.D 21.7.2014 FIR no. 317/2011 P.S Alipur u/s 363/366 A IPC.
26. Now we advert to the section 363 IPC.
27. Section 361 , IPC reads :
"361. Kidnapping from lawful guardianship. - Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the SC No. 47/14 State vs Angad Kumar (Page 12 of 24 ) D.O.D 21.7.2014 FIR no. 317/2011 P.S Alipur u/s 363/366 A IPC.
45. In the light of aforesaid discussion, Court is of the view that prosecution has been successful in establishing the guilt of the accused in respect of offence u/s 363 IPC but failed to prove the case for the offence u/s 366 A IPC. Accordingly, accused Angad Kumar stands acquitted for offence u/s 366 A IPC but stands convicted for offence u/s 363 IPC.