Section 363 in The Indian Penal Code, 1860
363. Punishment for kidnapping.—
Whoever kidnaps any person from India or from lawful guardianship, shall be punished
This criminal appeal has been filed under Section 374(2) of the
Cr.P.C. against the judgment dated 9th July, 1997 passed ... Section 363 and upheld.
26. Learned Trial court has not awarded any sentence to appellant No.1
Shakil Khan under Section 363 of IPC
363 IPC. Charge was framed for offences punishable under Section
366A and under Section 372 read with Section 511 , IPC ... offence
under Section 363 IPC.
51. Section 366A IPC is a major offence whereas Section 363 IPC
JUSTICE I. S. MEHTA
JUDGMENT
VIPIN SANGHI, J.
1. The present appeal under Section 378 Cr.P.C. has been preferred by
the State upon ... recorded under Section 164 Cr.P.C. On the basis of that statement,
Section 354A IPC and Section 8 POCSO Act were added
section 323 I.P.C.; to undergo 2 years R.I. with fine of Rs. 1,000/- each under section 504 I.P.C ... section 506 I.P.C.; to undergo 3 years R.I. with fine of Rs. 2,000/- each under section 354-D I.P.C
Appeal filed under Section 374 Cr.P.C. against the judgment of the learned Assistant Sessions Judge, Dharapuram, Erode, in S.C ... under Section 366A is not a minor offence to Section 366 IPC, so as to invoke Section 222(2) Cr.P.C. Thus
lawful guardian, informant i.e. Roop Singh. Hence, ingredients of offence under Section 361 I.P.C. punishable under Section 363 of I.P.C ... offence punishable under Sections 363 and 376 of I.P.C. Regarding Section 366 I.P.C., charge was not proved.
23. Learned counsel
accused under Section 363 I.P.C. and has acquitted under Section 366 and 376 I.P.C. We have to evaluate the evidence afresh ... whether the offence under Section 363 I.P.C. is made out against the accused or not. The said section says that whoever kidnaps
Court held that from
the statement of victim made under Section 164 Cr.P.C. and in the
deposition in Court, the statement ... under Section 363 IPC
and Section 8 POCSO Act. Section 361 IPC is punishable under Section 363
IPC
recorded u/s., 164 Cr.P.C and
on the basis of said statement, Section 376 IPC and Section 4 of
POCSO ... 363 IPC and Section 4 of the POCSO Act and in alternative u/s. 376
IPC. Section 363 IPC