Number : 22/2012
Police Station Moti Nagar
Under sections 376 , 328 , 506 of the Indian Penal Code.
Date of filing of the charge sheet before ... 2012, Police Station Moti Nagar,
Under sections 376 / 328 / 506 of the Indian Penal Code.
State vs Anil Kumar Shukla. -:: Page
complainant, Ld. MM observed that a case of offence under Section 328 IPC
was disclosed before the court and therefore Ld. MM committed this ... perusal of this Section would show that the following
elements are essential to constitute an offence under
Section 328 IPC:
(i) Some person
Section 397 IPC. Section 392 and Section 390 IPC are couched in
different words. In Sections 390 , 394 , 397 and 398 IPC ... between "uses" as used in Sections 397 IPC and
398 IPC . Section 397 IPC connotes something more than merely
being
Section 307 IPC. The nature of offence of Section 307 IPC is
offence affecting human life. The nature of offence under Section 328 ... charge the
accused person under Section 307 IPC. Section 307 IPC is more serious
offence than Section 328 IPC and when
alone cannot be
accepted as legal evidence for an offence under Section 328 IPC ... such prosecution has failed to prove the charge under this
Section.
51. Section 328 IPC, which deals with administration of
poison
investigation, the instant
charge sheet was filed under Section 328 read with Sections
379 / 411 IPC.
Committal of the Case and Framing of Charge ... pleased to frame charge under Section 379 IPC
alternatively under Section 411 IPC and also under Section 328
IPC. When the accused
West District U/s
41.1 Cr.P.C . in connection with another FIR No. 445/12 U/s
328/420/34 IPC PS Subhash ... application U/s 216
Cr.P.C . seeking alteration of Charge on the ground that no case U/s
328 IPC was made
charge u/s 379 IPC was framed
against the accused. An alternative charge u/s 411 IPC
was also made out against accused ... against the accused under
provision of section 323 Cr. P.C. As offence under
section 328 IPC was exclusively triable by the court
arrested. After completion of investigations
chargesheet was filed u/s. 376/307/328/506 IPC .
3. Ld. MM after compliance of the provisions ... rape upon her and thereby you have
committed offence punishable u/s. 328 IPC and
within cognizance of this court.
Secondly, you after taking
Jalil Ahmad u/s 313 CrPC were
recorded by the ld Predecessor of this court. During
the statement u/s 313 CrPC, accused persons
denied ... offence u/s 328/379/34 IPC IPC .
Accordingly, accused Jalil Ahmad and Raju @ Ajmat
Ali stands acquitted for offences u/s 328
