section (5) of
Crl. M.C. 3773/2009 Page 5 of 21
Section 220 read with Section 71 of the Indian Penal Code ... section (5) of Section 220 makes this
clear by providing that nothing contained in the said Section shall
affect Section 71 of the IPC
such acts.
(5) Nothing contained in this section shall affect section
71 of the Indian Penal Code (45 of 1860).‖
48. The third and fourth ... three riders; first, as indicated by Section 220 (5)
quoted above (referring to Section 71 IPC), second, under Section 222
more offences."
Section 31 Cr.P.C. says that subject to the provisions of Section 71
I.P.C., the Court may pass separate ... sight of was the provision of Section 31(2) of Cr.P.C and Section
71 of the IPC.
41. Section 71
manifested in
Section 26 of the General Clauses Act, 1897, Section 300 of
Cr.P.C. and Section 71 of the IPC which unequivocally ... penology and reflected in analogous provisions of Section 26 of
General Clauses Act, 1897; Section 71 IPC; Section 300 CrPC
1973, and constitutionally guaranteed
doctrine against double jeopardy, and for the purpose of
section 300 Cr PC, section 71 IPC, and section 26 of the General Clauses ... Constitution i.e.
doctrine of autrefois acquit or Section 300 CrPC or Section 71
IPC or Section 26 of the General Clauses
Constitution i.e.
doctrine of autrefois acquit or Section 300 Cr.P.C. or Section
71 IPC or Section 26 of General Clauses
offence, at all events, falls within the overlapping
areas between Section 429 , IPC on the one hand
and 9(1) read with ... reflected in analogous
provisions of Section 26 of General Clauses Act, 1897;
Section 71 IPC; Section 300 of the
overlapping
areas between of Section 429 IPC on the one hand and Section
9(1) read with Section ... penology and reflected in analogous provisions of Section 26 of
General Clauses Act, 1897; Section 71 IPC; Section 300 CrPC
1973, and constitutionally guaranteed
more offences."
Section 31 Cr.P.C. says that subject to the provisions of Section 71
I.P.C., the Court may pass separate ... sight of was the provision of Section 31(2) of Cr.P.C and Section
71 of the IPC.
41. Section 71
imprisonment
No separate sentence in view of
Section 4
3. Section 71 IPC read with Section -- --
POCSO Act
42 POCSO
2.10. Both the sentences ... permissible under Section 222(2) CrPC. The sentencing structure was then
kept consistent with Section 42 POCSO read with Section 71 IPC, so that