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
offence
punishable under Section 411 IPC. However, in view of conviction of
the accused under Section 392 IPC with regard to the same ... offence punishable under
Section 392 IPC. The prosecution has failed to prove the necessary
ingredient of Section 328 IPC. Therefore, accused is acquitted
being tried. Section 354B of the
Indian Penal Code is not a lesser offence of
Sections 376 / 511 of the Indian Penal Code.
Therefore ... appellant under Section
354B of the Indian Penal Code taking aid of Sub-
Section 4 of Section 222 of the Code of Criminal
Procedure
complainant and the circumstances, offences
under sections 328 / 379 / 34 of Indian Penal code, 1860 was made
out and Head Constable Mohd. Naseem Khan ... persons for their having committed offences punishable under
Sections 328 / 379 / 34 of Indian Penal Code. Further, the charge
was framed against the accused Arjun
taken on 01.03.2024. After
compliance u/s 207 Cr.P.C., matter was committed u/s 209 Cr.P.C. which
was received ... commission of offence u/s 328 IPC and 379 r/w 75 IPC .
14. Section 328 IPC provides as under:
"328
sheet filed under Sections 328 / 379 / 411 / 34 IPC
Charges framed against accused 328/34 IPC , 379/34 IPC &
Naeem, Irfan ... offences punishable under Section 328 / 34 IPC, Sec. 379 / 34 IPC
& Sec. 411 / 34 IPC against accused persons namely Naeem
After investigation,
charge sheet was filed against accused Shabbhu Razak u/s 328
IPC and after filing of charge sheet, cognizance of offence ... against the accused.
CHARGE
3. Charge for the offence punishable u/s 328 IPC was
framed against accused Shabbhu Razak by Ld. Predecessor
complainant and the circumstances, offences
under sections 328 / 379 / 34 of Indian Penal code, 1860 was made
out and after registration of FIR, further investigation ... offenders revealed
commission of offences punishable under section 328 / 379 / 34 of
Indian Penal Code, 1860.
16. It is, therefore, prayed that cognizance
complainant and the circumstances, offences
under sections 328 / 379 / 34 of Indian Penal code, 1860 was made
out and Head Constable Promod Kumar ... offenders revealed
commission of offences punishable under section 328 / 379 / 411 / 34
of Indian Penal Code, 1860.
13. It is, therefore, prayed that cognizance
statement, the present FIR was
registered on 20.03.2018 under Section 328 / 379 / 411 / 34
IPC. The accused Bhola was arrested and on his
disclosure ... Bhola and Mujaffar Alam for the offences punishable
under Sections 328 / 379 / 411 / 34 IPC.
4. After complying with the provisions of Section
