Section 363 in The Indian Penal Code, 1860
363. Punishment for kidnapping.—
Whoever kidnaps any person from India or from lawful guardianship, shall be punished
consent of such guardian from lawful
guardianship. Section 361 of the Penal Code, 1860, inter alia, provides,
whoever takes or entices any minor under eighteen ... Section 363 and upheld.
26. Learned Trial court has not awarded any sentence to appellant No.1
Shakil Khan under Section 363 of IPC
aforesaid FIR was initially registered under Section 363 IPC on
16.02.2014. After the prosecutrix/victim child was recovered, her statement
was got recorded ... complainant a case under
section 363 IPC was registered (EX-PW-3/A) vide FIR No. 91/2014 by ASI
Brij Mohan
376A, 376C, 376D, 376E or section 509 of the Indian Penal Code (45 of 1860), then, notwithstanding anything contained in any law for the time ... shall be liable to punishment under this Act or under the Indian penal Code as provides for punishment which is greater in degree."
Learned
undergo rigorous imprisonment for six months for the offence under Section 363 IPC; to undergo rigorous imprisonment for ten years ... have been convicted for the offences under Sections 366A and 363 IPC and sentenced to undergo rigorous imprisonment for ten years
rightly convicted and sentenced under impugned judgment. Appeal be rejected.
11. Section 363 I.P.C. provides:- "whoever kidnaps any person from India ... person from lawful guardianship, i.e. for punishment of offence under Section 363 I.P.C." Section 361 I.P.C. and its ingredients
other evidence, learned trial court has convicted the accused under Section 363 I.P.C. and has acquitted under Section 366 and 376 ... would take of the matter as to whether the offence under Section 363 I.P.C. is made out against the accused
fine of Rs.2,500/- for offence
punishable under Section 363 IPC and in default further imprisonment for a
period of three years ... punishable under Section 363
IPC.
10. Section 361 IPC defines Kidnapping from lawful guardianship.
Section 361 IPC reads
basis of the statement, police registered the present FIR u/s. 363 IPC
and the investigation was handed over to SI Narender ... 363 IPC and Section 4 of the POCSO Act and in alternative u/s. 376
IPC. Section 363 IPC
appellant/accused submitted that, as far as the conviction under Section 363 IPC is
concerned, it is the specific case of the appellant ... accused also
reiterated that as far as the offence under Section 363 IPC is concerned, mere taking
away is not enough