provisions of section 207 Cr.P.C. the case was committed to the Court of
Session under section 209 Cr.P.C.
3. Upon committal ... after
hearing on charge, prima facie a case under sections 376 / 328 IPC was
made out against accused Allauddin. The charge was framed
accordingly
order to attract the offence u/s 328 IPC. According to him, ingredients to
S.328 IPC are not attracted to the present ... file and the judgment cited
before me. The essential ingredient of Section 328 IPC is that the victim
should be administered poison
aforesaid provisions under the Cr.P.C . from the
crime and incorporated the offences under Sections 328 IPC
and Section ... meaning of Section 32(1)(b) of
the Drugs and Cosmetics Act, 1940.
3. Regarding the offence under Section 328 IPC which
is incorporated
charge under Section 376 IPC and restricted his arguments to
challenge the legality and correctness of charge under Section 328 IPC only ... already been filed against the
petitioner and charge under Sections 328 / 376 IPC has been framed by the
Court below.
7. From the perusal
Delhi for
the commission of offences under sections
120B / 328 / 376 / 506 of the Indian Penal Code (hereinafter
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referred ... been examined. There is no evidence of the offence u/s 328
IPC, as prosecutrix was medically examined after one month
of the alleged
Ranhola
U/S : 363/376D/328/120B of IPC & Sec.4 / 12 of POCSO Act.
The State
(Govt ... been chargesheeted u/s
363/376 (D)/328/120B IPC & Sec.4 / 12 POCSO Act was filed only again accused Chanderkant
u/s 164 Cr.P.C . was got
recorded. After the investigation, the accused was sent for trial for the
offences punishable u/s 328 ... prima facie case was made out against the accused u/s 328 / 376 / 506
IPC. Charge was framed. He pleaded not guilty and claimed
incident in lodging the FIR.
9. The essential ingredient of Section 328 IPC is that the
victim should be administered poison or any stupefying ... therefore, imperative for ascertaining the commission of
the offence punishable u/s 328 IPC. Admittedly, no stomach wash of the
prosecutrix was taken
provisions of section 207 Cr.P.C the case was committed to the Court of
Session under section 209 Cr.P.C.
3. Upon committal ... session and after
hearing on charge, prima facie a case u/s 328 / 376 IPC and u/s 67A IT
Act was made
sent for
trial for the offences punishable under section 376 / 328 / 384 / 506 IPC.
2. After complying with the requirements contemplated under
section ... framed against the accused for the offences
punishable under section 328 / 376 & 384 IPC to which he pleaded not
guilty and claimed trial
