Barowalia, Judge. (oral)
The present bail application under Section 439 of the
Code of Criminal Procedure has been maintained by the petitioner for
releasing ... under Sections 363, 366 and 376 of the Indian Penal Code (for short
"IPC") and Section 6 of Protection of Children from Sexual
major on the date of incident and the offence
under Section 363 I.P.C also was not proved by the prosecution.
In the light ... prosecution and therefore the conviction and sentence under
Section 363 I.P.C. has been proved by the prosecution.
A missing diary was lodged
closed the
prosecution evidence.
The accused was examined under section 313 Cr.P.C. and all
the incriminating evidence was put to him, to which ... after appraisal of the evidence, found the
accused guilty under Section 363 IPC and sentenced him to undergo
rigorous imprisonment for 3 years
fine of Rs.5000/- for
commission of an offence under Section 366 IPC with a default clause and
further ordered to undergo ... fine
of Rs.5000/- for commission of an offence under Section 376 IPC with
Section 173 Cr.P.C. was furnished and the accused was charged for
the offence punishable under Sections 363 and 366-A IPC. Accused
pleaded ... time of
occurrence, she was aged 16-17 years. She was under-matriculate. In the
year 1999, she was getting training in sewing in village
whether the
appellant has committed offence punishable under Sections 363 and 366
IPC or not, the Court has to determine whether the prosecutrix was more ... Court. Furthermore, the prosecutrix has herself stated that she had
passed matriculation examination. Prosecution has made no effort to
place on record the matriculation certificate
punishable under Section(s) 363,
366(A) of the Indian Penal Code and Section 4 of POCSO Act
and sentenced for the said offences ... appellant in the memo of appeal
under Section 389(1) of Cr.P.C.
4. The main submissions advanced by learned
counsel for the appellant
Case Crime No. 208 of 2019, under Sections 363 , 366 , 376 I.P.C. and 3/4 POCSO Act , P.S. Bisanda, District Banda ... first information report. Prosecutrix in her statement recorded, under Section 164 Cr.P.C., has categorically said to be residing with applicant under
Police Station Maur, District Bathinda,
under Sections 376 , 363 , 366 , 313 IPC.
2. The FIR was lodged at the instance of the victim wherein ... alleged that she is aged about 20 years and is a Matriculate and that
the petitioner Manpreet Singh has some relatives living
dated 21.12.2017, under
Sections 363 / 366-A / 376 IPC and Section 4 of POCSO Act, registered
with Police Station Kundli, Sonipat.
Briefly stated, the facts ... medico legally examined and her
statement under Section 164 Cr.P.C. was recorded. Accused was arrested
in this case. He had filed an application
