inasmuch, as the ingredients of Section 375 Fourthly IPC
and Section 493 IPC are akin to each other. Section 376
fourthly IPC fastens the liability ... 495 of IPC read with section 120B of IPC. Relevant provision of section
375 , 493 and 495 of IPC is reproduced for ready reference:-
Section
section (4) may make a complaint on his behalf ;
(c) where the person aggrieved by an offence punishable under
[section 494 or section 495 ... filing a complaint by her :
"............ The reference to Section 494 IPC in Section 495 IPC, makes
it clear that Section 495 IPC is extension
under section 306 r/w sec. 511 IPC.
Sections 493 , 495 and 496 IPC read as follows:
"493. Cohabitation caused by a man
deceitfully ... under section 306 r/w sec. 511 IPC. Thus, the accused
Jamal Nasir is acquitted of the offences punishable under
sections 376 / 493 / 495
purpose of sub- section 2 of Section 155 and that is the
intention of legislation which is manifested in Section
155(4) of the Code ... cognizable offences ie offences committed u/s 376 of IPC as well as u/s
494 of IPC. The offences
mother.
Vide order dated 14.08.2019, additional charge U/s 494
IPC and U/s 495 IPC was framed against appellant.
Prosecution examined 8 witnesses during ... under:-
"6.10 Apart from section 498A and 406 , accused
Dinesh has been charged U/s 494 and 495 IPC . As far as
Sections
relationship due to which her marriage was broken.
2. Charge under sections 495 / 376 / 313 / 506 IPC was framed
against accused on 01.06.2016 to which ... last argument is that prosecution has failed to prove
charge under Section 495 IPC also because PW4 Deepak Kumar Shashtri
(Purohit) did not depose that
referred to
provisions of Sec. 195 CrPC and submitted that as some offences were u/s.
494 / 495 IPC, the learned MM could not have ... court to hold that
conviction u/s 498-A / 34 IPC cannot be sustained.
ON CONVICTION U/S 494/495
section 2 of section 155 Cr.P.C and this is the
intention of tge legislature expressly manifested in sub
section 4 of section ... upheld the order of framing charge u/s
494 / 496 IPC and had dropped section 495 IPC. Thus, the order
of framing of charge
offence U/s 376 and 417 IPC
stand duly proved against the accused.
With regard to the charge under Section 495 IPC also, I find ... committed the offence of rape besides committing
offence punishable under Section 495 IPC. It is also submitted that there is
a growing tendency of cheating
framed against
accused for offences punishable under Section 376 IPC r/w Section 420 IPC
& Section 495 IPC dated 03.11.2004 to which accused pleaded ... held that in view of Section 198 Cr. PC, no cognizance for the
offence Under Section 494 or Section 495 IPC can be taken
