kidnapping
19
punishable under Section 363 of IPC and the accused
Nos.1 to 5 committed the offence under Section 344
read with Section ... offences under Sections
363 , 376 of IPC and Sections 3 and 4 of POCSO Act and
under Section
Section 6 of Protection of Children from
Sexual Offences Act and found accused Nos.4 and
5 guilty of the offences punishable under Sections
344 ... offence punishable under Sections 6
of Protection of Children from Sexual Offices Act
and offences punishable under Sections 344 and
366 of the Indian Penal
Section 6 of Protection of Children from
Sexual Offences Act and found accused Nos.4 and
5 guilty of the offences punishable under Sections
344 ... offence punishable under Sections 6
of Protection of Children from Sexual Offices Act
and offences punishable under Sections 344 and
366 of the Indian Penal
inquiry or trial" occurring in Sub-section (1-A) of Section 344 of the Code clearly indicate that such an order can be made ... inquiry or trial" occurring in Sub-section (1-A) of Section 344 of the Code. are significant and clearly indicate that such an order
read with Section 193 of the IPC. The learned
Counsel has questioned this procedure. He would submit that
in terms of Section 344 ... have tried the petitioner
summarily as provided under sub-section (1) of Section 344 of
the Cr.PC. It was also open for the court
read with Section 193 of the IPC. The learned
Counsel has questioned this procedure. He would submit that
in terms of Section 344 ... have tried the petitioner
summarily as provided under sub-section (1) of Section 344 of
the Cr.PC. It was also open for the court
proceeded under section
340 of Cr.P.C. at the stage of making a complaint against
him under section 344 ... imprisonment for a term prescribed therein. But,
sub-section (3) of Section 344 of the Code carves out an
exception to sub-section
Case No.128/2004 convicting the accused for the
offences under Section 344 and 348 r/w Section 34 of
IPC and for the offence ... imprisonment for one month each, in respect of
the offences under Section 344 r/w Section 34 of IPC and
348 r/w Section
should not be
punished for the offence under Section 344 of
--
ral
Cr.P.C c. and therefore the entire proceedings in
the said case ... interest
of the justice to proceed against him under
Section 344 Cr. PC.
_-- Section 34411) Cr.P.c. reads as under.
i Et, at time
course the said section gave him the option to do so.
6. Substantially I find that the provisions of Section 344(1A) have not undergone ... section is only renumbered and that renumbering only is the change made by the Amending Act . Otherwise in substance this part of Section 344 remains
