Sections 366
and 376 of the Indian Penal Code, 1860 (hereinafter for
brevity referred to as `the IPC ') and under Sections ... constitute the offence of kidnapping
under Section 361 of IPC, as such, Section 366 of IPC is
not attracted. He submitted
offence i.e. offence under
section 366 of Indian Penal Code, is exclusively triable
by the Court of Sessions.
5. Thereafter words the learned ... affair and it
does not amounts to offence under section 366 of Indian
Penal Code. The learned Prl. Sessions Judge is wrong
in holding that
offences punishable under
Sections 143 , 147 , 448 , 504, 506, 366 , 511 read with Section
149 of the Indian Penal Code, 1860 (hereinafter referred ... offences punishable
under Sections 143 , 147 , 148 , 448 , 504, 506, 366
and 511 read with Section 149 of IPC?"
The Trial Court
Apex Court has held:
"To constitute an offence under Section 366 IPC,
it is necessary for the prosecution to prove that ... result of her abduction. So far as
a charge under Section 366 IPC is concerned,
mere finding that a woman was abducted
IPC. Once charges under
Section 366A of IPC is not proved, the question of
convicting the accused under Section 366 ... Section 366
of the Penal Code.
5. The charge with reference to Section 366A
of the Penal Code needs a closer examination.
Section 366
under Sections 366A , 506 and 376 r/w Section 114 of
IPC, Sections 4 and 6 of POCSO Act and Section ... convicted the accused for the offence
punishable under Section 366A instead of Section 366
IPC, and Section 376 of IPC, Sections
Sections 363 , 366 , 376 of
Indian Penal Code, 1860 (hereinafter referred to as ' IPC ', for
short) and under Sections ... enticing of the victim and
as such, the offence under Section 366 of IPC is also
attracted. He would also contend that
section 6 of POCSO Act. Later on the
charge was reframed for the offence under section
366 instead of section 366A of IPC ... sections 9(l) and (m) read with
section 10 of POCSO Act. For the offence under
section 366 IPC, the maximum sentence
offences
punishable under Sections 366 and 372 of the
Indian Penal Code (for short, 'the IPC '), Section 6 of
the Protection ... Indian
Penal Code is punishable with imprisonment for a
term of ten years or more, but for the offences
under Sections 366
registered as Crime No.245 of
2014 under Section 366-A of the Indian Penal Code read with
Section 6 of Protection of Children from ... offences
punishable under Section 366-A , 376 and 34 of the Indian Penal
Code read with Section 6 of POCSO Act.
VI. CONSIDERATION
