Default
stipulatio
n
Shakil Khan under Section only under Section
& 363/34 & 366/34 of IPC which ... ingredients for upholding
conviction under Section 366 are not proved and, therefore, the
conviction of the appellant under Section 366 cannot be
sustained
offences of kidnapping and abduction may fall under the same Section viz. Section 366 , IPC, the two are so vitally different that ... acquitted of the offence of kidnapping under Section 363 , IPC. The charge under Section 366 , IPC was also for kidnapping
commission of offence under sections 363 / 376 (2) (g) of
the Indian Penal Code (hereinafter referred to as the IPC ) on
the allegations ... order dated 07/09/2013,
charges for offences under section 366 r/w section 34 IPC &
section 376D IPC were
Babloo that he has committed the
offence punishable under Section 366-A , Indian Penal Code.
Further, there is no evidence available in the prosecution case ... sentenced for the offence under Section 366 by altering
the conviction under Section 366-A into 366 of the IPC
relying upon
been convicted for
the offence punishable under Section 366/34 and Section 452 / 34 of
IPC and sentenced to undergo ... accused under the ambit of this penal section.
So far as charge under Section 366 IPC is concerned, mere
finding that a woman
thereby committed an offence punishable u/s
366 / 34 read with section 511 of the Indian Penal Code, 1860
and within my cognizance ... meaning of section 442 IPC, their conviction under section 457 IPC is altered
to that under section 448 IPC
IPC is an aggravated form of Section 365 of
IPC. To bring home an offence under Section 366 of IPC ... accused under the ambit of this penal section. So
far as a charge under Section 366 IPC is
concerned, mere finding that
offence under Section 323 / 34 , IPC and sentenced to three months RI and further convicted under Section 366 , IPC and sentenced ... also convicted under Section 323 , IPC and sentenced to three months RI and further convicted under Section 366 , IPC and sentenced
same, it does not attract the ingredients of
either Section 363 or Section 366 of I.P.C.
22. It is pertinent to note ... ORDER
Acting under Section 235(2) of Cr.P.C.
accused is hereby convicted for the
offence punishable under Section 366
of
Raju vs State Of U.P. on 2 February, 2010
Court No.5
C.M
