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
been registered against the accused under
Section 447 IPC.
14. Sections 441 and 447 IPC read as follows:
"441. Criminal ... within the meaning of section 141 of the Indian Penal Code. In order
to satisfy the conditions of section 441 it must be established that
Section 448 IPC provides punishment for house-trespass
which is defined under section 442 of the IPC which states that
"whoever ... observed that;
On a plain reading of the penal provisions
contained in Section 441 of the Code
referred above , it is crystal clear that before
those sections. One of the essential ingredients of the offence of criminal trespass (defined in Section 441 of the Indian Penal Code) is that ... mischief" (as defined in Section 425 of the Indian Penal Code punishable under Section 427 of the same Code).
16. A tendency is often
place of " Sections 379 , 411 / 34 " of the Indian Penal
Code , " Sections 379 , 441 / 3 of the Indian Penal Code ... this Court, in place of " Sections 379 , 441 / 34 of the
Indian Penal Code" it be read as " Sections
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
IPC.
Section 323 IPC provides punishment for voluntarily
causing hurt. In order to prove the charge under Section
323 IPC ... interested, is within this section.
33. Section 448 IPC provides punishment for house
trespass. Section 441 IPC defines criminal trespass
charged for committing offences punishable U/s
457/380/34 & 411 IPC .
18. Section 380 , IPC, provides punishment for
committing ... Section
443 , IPC, provides definition of lurking house trespass.
Section 445 IPC defines house breaking and Section 446
IPC
offences punishable under section 454 , 380 / 34 IPC and
Section 411 IPC. Section 454 IPC provides punishment for
committing ... 441 IPC
defines criminal trespass and Section 442 IPC defines
house trespass. The Sections read as under :
"441 Criminal Trespass
trespass defined in s. 441 and are punished as per the
requirements of the sections.
18. Section 441 IPC defines criminal trespass ... 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
