case FIR bearing number 590/1998 under Sections 328 / 379 / 411 of
Indian Penal Code, 1860, (' IPC ') registered at Police Station ... filed for
offences punishable under Sections 411 / 379 IPC and initially, charge
under Section 379 IPC was framed against the appellant
arising
out of FIR No.824/06 u/s 379 / 328 / 411 of Indian Penal Code, 1860
whereby the appellant was convicted u/s 328 ... Section 379 IPC,
there was no justification for convicting him for offence under
Section 411 IPC. As such, his conviction under Section
Cr.P.C.
4. The relevant portion of the impugned order dated 07.11.2016 reads as
under :-
7. The essential ingredient of Section 328 IPC ... perusal of statements under sections 161 and 164 Cr.P.C reflects
that the prosecutrix in her statement under section 161
Respondent, Vinod Bhardwaj has been acquitted under
Sections 328 / 354 / 354D / 384 Indian Penal Code, 1860 (hereinafter referred
to as " IPC "){though ... under Section 328
and the learned ASJ has rightly held that the Prosecution miserably failed
to prove its case under Section 328 IPC.
Section
charges under Sections 328 and 379 IPC beyond reasonable doubt. Section
328 I.P.C. reads as under :-
"Whoever administers to or causes ... perusal of this Section would show that the following elements are
essential to constitute an offence under Section 328 , I.P.C. :-
(i) Some person
seized nor sent to the
laboratory, therefore the ingredient of Section 328 of IPC is missing.
It is further contended on behalf ... Court is of the considered opinion that in a case under
Section 328 IPC mere oral assertions are not sufficient to hold an
accused
learned counsel for the appellants that
the appellants were convicted under Section 328 IPC, however, there
is no scientific evidence to prove that ... have two minor children, the substantive sentence of
rigorous imprisonment u/s 328 IPC is reduced from 4 years to 3 years
while maintaining
ORAL)
1. This is a petition under Sections 397 / 401 Cr.P.C. read with Section
482 Cr.P.C. assailing the order dated ... that the bar of
limitation created by Section 468 CrPC cannot be avoided by adding
section 328 IPC for which no limitation period
Section 3 RP (UP) Act, FIR No.956/2000 under
Section 411 IPC Police Station NDRS, FIR No.283/2006 under Section
328 ... case FIR No.956/2000 under Section 411 IPC; FIR No.283/2006 under
Section 328 / 379 IPC; and FIR No.282/2010
section 164
Cr.P.C. vide proceedings dated 02.06.2016. After completion of
investigation, the charge-sheet was filed under sections
328 / 376 / 506 / 509 IPC ... view of the judgment - Sanjay Singh (supra),
ingredients of Section 328 IPC are not attracted to the
present case.
(c) The evidentiary value
