s. 363/366 IPC & u/s 6 of POCSO Act or in alternative
u/s 376 IPC ... basic ingredients of the offences U/s 363 or even U/s 366
IPC could not be proved on record by the prosecution
JUDGMENT
1. Accused Salman s/o. Nizamuddin is facing trial herein for the
offence u/s.376 / 366 / 506 IPC.
2. Factual matrix ... proved the
statement recording of statement of
u/s.164 prosecutrix u/s.164
Cr.P.C . Cr.P.C . His has proved
the application moved
also disclosed her date of birth 12.08.1997.
thereafter, offence u/s 366 IPC was added and accused Mohd. Zakir was
arrested. However ... examination,
therefore accused is also found to have committed offence u/s 366 IPC.
20. On overall appreciation of evidence, though the prosecution
S. Jafrabad
U/s 363/366 IPC
State Versus Salman Malik
S/o Alimuddin
R/o H. No. A33, IInd Floor,
Near ... s 161 Cr.P.C . were
recorded and after completion of the investigation a charge sheet U/s
363/366 IPC was filed
Judge, Mahalir Neethimandram, Fast Track Court, Erode, for offences u/s.366 IPC and section 6 of the Protection of Children from Sexual ... acquitted the appellant/accused of the sections u/s.366 and 506[ii] IPC and found him guilty of offence u/s
Indian Penal Code but
subsequently 366 A of the Indian Penal Code has been added. Charge-sheet
submitted u/s 363 and 366 ... offence u/s 363 of the Indian Penal Code is made out
as the section 361 of the Indian Penal Code says that offence
punishable u/s 363 / 366 IPC, u/s 4
POCSO Act and in alternative u/s 376 IPC, on 23.05.2017. However ... order to bring home the guilt of accused u/s 363 / 366 IPC is that the
victim / child was enticed / taken away
made
out, he was charged for the offences punishable u/s 363 / 366 IPC, u/s 6
POCSO Act and in alternative ... order to bring home the guilt of accused u/s 363 / 366 IPC is that the
victim / child was enticed / taken away
s 363 IPC as victim was taken to his first floor room
by the accused. As far as the offence u/s 366 ... accused is however, acquitted for
the offences punishable u/s 366 IPC.
Page 18 of 19
FIR No. 199/2014 : State V/s
2016 : State V/s Shashi: PS Subhash Place
this offence.
10. As far as offence punishable u/s 366 IPC is concerned, there ... prosecution has failed
to prove the offence punishable u/s 366 IPC and as such accused is
acquitted for offence u/s 366