payment of fine Simple Imprisonment for fifteen days under
Section 448 IPC, where both the sentences to run concurrently, setting off the period ... Section 4 of the POCSO Act as well
as under Section 448 IPC and therefore, the learned Special Judge committed illegality in passing
eight) days for the offence committed
under Section 448 IPC and to undergo SI for 6 (six) months with fine ... offence of rape. Thus, he committed
the offence punishable under Section 448 IPC. The accused was also
charged that he or on about
have committed the offences punishable under Sections 448 and 302 of the Indian Penal Code ?
46. While considering the above aspect of the matter ... important to bear in mind that Section 448 of the Indian Penal Code punishes house trespass. What is 'house trespass' is defined
facts bringing the acts of appellant under the penal Section of 448 and 324 of I.P.C . and appellant cannot escape the implications there ... also maintaining the conviction rendered by trial Court Under Section 448 I.P.C. as it is.
19. Coming to question of the sentences
equally perverse. In actual fact, the charge should have been under Section 448 , I.P.C. as it was a case of house trespass ... case of criminal house trespass and they should be convicted under Section 448, I.P.C. Their acquittal is set aside and they are convicted
simple imprisonment for one month for committing the offence u/s
448 IPC. The sentences will run one after another ... month to each of them for committing the offence under
section 448 IPC. All the sentences were directed to run concurrently
convicting the accused/appellant under Section 376(f) / 511 / 448 of
the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment
for a period ... three) days for the offence under Section 448 of the Indian
Penal Code.
3. The prosecution case, in brief, is that
Sections 302 / 448 / 143 , Indian Penal Code [ IPC ]. For the offence under
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Section 302 , IPC, the accused ... with the offences under Section 448 , Section 376 and
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Section 302 of the Indian Penal Code [ IPC ] would
IPC
cannot co-exist with offence committed under section 448 IPC. Accordingly, it
was submitted that the investigation was carried ... petitioner that offence under section 294 IPC and section 448 IPC does not
exist. However, the materials available in the case
Cr.P.C., the Trial Magistrate, finding sufficient
materials and being prima facie satisfied, took cognizance of the offences under
Sections 380 / 448 IPC ... Cr.P.C. the learned Trial Magistrate by order dated 13.06.2014 took
cognizance of the offence under Sections 380 / 448 IPC against
