respondent Police, originally, registered a case under
Section 366A IPC and subsequently, after investigation, altered the
Sections as 366A r/w Section ... appellant argued that on
20.05.2008, FIR was registered under Section 366A IPC and according to
the prosecution, Observation Mahazar was prepared on 20.05.2008. The
report
hence sentenced him as below:
(i) for the offences under Section 366A IPC, to
undergo 5 years rigorous imprisonment and a fine ... Mahila Court at Chennai, framed charges against
the accused under Sections 366A , 376(1) , 465 and 506(ii) IPC.
4. To prove the charges
sheet before the learned Judicial Magistrate, Arani for the
offences under Sections 366A , 376D of IPC and Sections 6 and 10 of the
POCSO ... herein/A2 and A3 are guilty for the offences under Sections
366A , 376D IPC and Section 6 of the POCSO Act and they were
offences under Section 9
of Prohibition of Child Marriage Act, 2006, Section 366A IPC, Section
5(l) read with 6 of POCSO ... prosecution not proved its
case for the offence under Section 366A IPC beyond all reasonable doubt.
Therefore, the conviction and sentence passed by the trial
year RI for kidnapping the
minor girls for the offence under Section 366A IPC; and sentenced to
undergo 10 years ... well established. The appellant cannot be held guilty of offence under
Section 366A IPC or Section 4 of the POCSO Act. However, the trial Court
such procuration of minor girl as alleged and
punishable under Section 366A of IPC was done by the petitioner/accused
in this case because
offence under Section 4 of POCSO
Act @ 366A, 506(i) of IPC and 4 of POCSO Act and against the accused
pregnant and thereby, the appellant/accused has committed the offence
under Section 366A IPC and Section 6 of ' Protection of Children from
Sexual Offences
respondent filed an alteration report
and altered the offences into Section 366A of IPC and Sections 3 r/w 4 of
POCSO Act, 2012 . After
that the prosecution not proved the case for the
offence under Section 366A IPC and thereby, not found the appellant
guilty for the offence under ... Section 366A IPC however, found the
appellant guilty for the offence under Section 361 @ 362 IPC which is
punishable under Section 363 IPC and convicted
