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
Default
stipulatio
n
Shakil Khan under Section only under Section
& 363/34 & 366/34 of IPC which ... 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
recorded under Section 164 Cr.P.C. On the basis of that statement,
Section 354A IPC and Section 8 POCSO Act were added ... 363 IPC. The second charge was framed
under Section 8 of the POCSO Act. In the alternative, charge
under Section 354A IPC
even no charge of section 363 was framed during trial. Therefore, the charge under section 363 IPC against the appellants is not established ... under sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C, 376D, 376E or section 509 of the Indian Penal Code
offence under Section 366A is not a minor offence to Section 366 IPC, so as to invoke Section 222(2) ... conviction under Section 366A is illegal, I may now proceed to analyse as to, whether the charge under Section 363 IPC has been
offence of kidnapping from lawful guardianship, penalized by this section, is the offence, which is defined by Section 361 I.P.C. which provides ... Roop Singh. Hence, ingredients of offence under Section 361 I.P.C. punishable under Section 363 of I.P.C. was fully proved by testimony
been acquitted of charges under Sections 366 , 376 IPC and has been convicted only under Section 363 IPC with three years ... ingredients of section 366 IPC are also not found present in this case.
42. But, as regards offence under Section 363
under Section 363 IPC
and Section 8 POCSO Act. Section 361 IPC is punishable under Section 363
IPC ... Section 361 IPC defines Kidnapping from lawful guardianship.
Section 361 IPC reads as under:
" 361. Kidnapping from lawful guardianship.-Whoever
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