prosecution to prove each and every ingredient of
section 441 IPC, however, prosecution has failed in his duty.
On the other hand ... complainant has committed the
offence punishable under section 448 IPC.
Section 441 IPC defines "criminal trespass". It reads
beginning.
20. Section 448 IPC provides punishment for house trespass which is
defined under section 442 IPC. Section 441 IPC ... forcibly dispossessed the complainant after trespassing
in her property and thus, section 448 IPC is attracted.
22. Besides that, the front door
441 IPC defines criminal trespass.
18. The essential ingredients of the offence under section 447 IPC
read with section 441 IPC ... property.
Therefore, unless any of the ingredients referred in section 441 IPC is
proved, no offence of criminal trespass can be said
revision petition is filed under Section 397/401, read with Section 482
of the code of Criminal Procedure, 1973 ( Cr.P.C for short). Revision ... trial
Court has erroneously held that charge under Section 448 of the Indian Penal
Code ( IPC for short) was not proved. The trial
order to attract Section 452
IPC, 'house trespass' as contemplated under Section
442 of IPC should be established ... under Section 447 IPC will be
attracted in this case, since it is an offence of
criminal trespass dealt under Section 441 IPC
offences punishable under Sections 447 , 427 , 323 and 506
read with Section 34 IPC. The first respondent/complainant made
contradictory statement ... constitute the offence of criminal trespass under
Section 441 IPC, there must be unauthorized 'entry', or if the entry
has been
offences punishable under Sections
447 , 427 read with Section 34 IPC against A-1 to A-12. The first
respondent/complainant made contradictory ... kill him.
10. To constitute the offence of criminal trespass under
Section 441 IPC, there must be unauthorized 'entry
accusing them for the offences punishable
under Sections 420 , 441 , 504 , 506 read with Section 34 of
IPC in C.C.No.1013 ... Section 504 of IPC. It is also contended
that she has not committed an offence as contemplated in
Section 506 of IPC
alleged u/s 323 / 341 / 506 / 34 IPC, charge was also
framed against all the accused u/s 451 / 34 IPC ... accused persons was
recorded u/s 313 Cr.P.C. r/w Section 281 Cr.P.C. on 30.09.2020.
Though accused persons opted to lead
sections are the variations of the criminal trespass
defined in s. 441 and are punished as per the
requirements of the sections.
Section 441 IPC ... life the house
trespass is punishable under Section 450 of the
Indian Penal Code. Similarly, Sections 451 , 454
and 457 will apply the house trespass
