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...Section 360, IPC and though this appellant is found guilty under Sections 326 and 324 of IPC, his sentence of three years under Section 326 IPC is hereby modified and reduced to that of two years ...thereunder the appellant Hakim Roy, was found guilty under Section 324 of the Indian Panal Code; Kedar Ray and Bhikhi Ray were also found guilty under Section 323, IPC and...they were sentenced to under go rigorous imprisonment for one year; whereas the appellant Mathura Ray was found guilty under Section 325, IPC and sentenced to undergo rigorous imprisonment for two...
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13. Section 360 IPC defines kidnapping from India as under :-
"Kidnapping from India.—Whoever conveys any person beyond the limits of 1[India] without th...."
15. As per the above definition provided in Section 360 and 361 IPC, kidnapping is of two kind viz.- (i) kidnapping from India and (ii) kidnapping from lawful guardianship. As this is not a...case of conveying the victim beyond the limit of India Section 360 IPC shall not be attracted and only the definition provided in Section 361 IPC shall apply in the present case. As per...
...Sections 359, 360 and 361 IPC deal with “kidnapping”, which according to Section 359 is of two kinds viz. kidnapping from India and kidnapping from lawful guardianship. “Kidnapping from India” is under...Section 360 IPC while “kidnapping from lawful guardianship” is covered by Section 361 IPC. Both the situations are made punishable under Section 363 IPC with imprisonment for a term which...(Crl.) D. No. 15177 of 2012 before this Court for a declaration that Section 364-A inserted in IPC by Act 42 of 1993 was ultra vires the Constitution to the extent the same prescribes death sentence...
...can be applied to the case of the petitioner. On the facts and circumstances of the case, I feel, the provisions of Section 360 Cr.P.C can be applied more so when we look at ...give record in the judgment the special reasons for not applying the provisions of Section 360. I find no special reason to hold that Section 360 cannot be applied to the case of the petitioner. Accordingly, though...conviction against her under Section 380 IPC is confirmed and the sentence of imprisonment imposed upon her for the offence under Section 380 IPC is set aside and instead she is now released under ...
...offence under section 360 IPC, for quashing which the petitioner is before this Court.
3. The learned Senior Counsel for the petitioner would submit that the petitioner....
2. The case of the prosecution is that the petitioner is arrayed as sole accused in this case and the charge against the petitioner is under Section 306 IPC. A complaint...trial and hence, he prayed for dismissal of the petition.
5. It is seen that the offence is under Section 306 IPC. Therefore, the trial court has rightly taken the case...
...kinds. Kidnapping from India (section 360, IPC) and kidnapping from the lawful guardian (section 361, IPC).Taking of minor under 16 years of age if a male or under 18 years of age if...person or of some persons legally authorised to consent on behalf of that person then it will constitute the offence of kidnapping under section 360, IPC. Abduction (under section...section 360, IPC the person is taken beyond India. In abduction, force, Compulsion or deceitful means are used. In abduction either force is applied or consent of the person is obtained by deceitful...
...stated in Section 360 IPC. As per Section 360 IPC, “whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on beh...offence under Section 366 IPC and after trial, he was convicted for the offence under Section 363 IPC and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs. 1,000/-, in default...Section 366 IPC.3. During trial, the prosecution examined the father of the victim girl as PW.1, mother as PW.2, cousin as PW.3, a friend of the victim as PW.4, Victim as PW.5, the...
...petitioner was never involved in any other criminal case, I found it is expedient and it is a fit case in which benefit of probation is to be extended to the petitioner under Section 360 IPC.7...whereby the learned trial Court convicted the petitioner for the offence under Section 420 IPC and sentenced him for rigorous imprisonment for one year and a fine of Rs. 500/- and in default of payment of...money taken from them but did not honour his promise. After usual investigation charge-sheet was filed and petitioner was tried for the offence under Section 420 IPC only. In support of the charge...
...of Jai Bhagwan under Section 302 IPC but altered the sentence from death to imprisonment for life. The conviction and sentence under Section 360 IPC was, however, maintained. The conviction and...Section 302 IPC and the two other appellants were charged under Sections 302/34 IPC, alternatively under Sections 302/114 IPC. All of them were also charged under Section 460 IPC. The learned Addi...Sessions Judge acquitted accused-appellant Maman but convicted appellant Jai Bhagwan under Section 302 IPC as well as under Section 460 IPC for having intentionally caused the murder of the deceased...
...the punishment. He further submitted that the accused is the first offender and he should be given with the benefits under Section 360 IPC. 15. Though the accused is...found the accused guilty and convicted him for the offences under Sections 294 (b) and 448 IPC and sentenced him to undergo one month Simple Imprisonment for the offence under Section 294(b) IPC and to...undergo two months Simple Imprisonment for the offence under Section 448 IPC. No fine. The period of imprisonment shall run consecutively. 7. Against the said conviction...
...their conviction is affirmed.
10. So far order of sentence is concerned, co-accused Hari Lal Sah has been discharged on due admonition under Section 360 IPC and he has.... 2 and 3, namely, Lal Babu Prasad Sah @ Lal Babu Sah and Bishun Sah, have been convicted under Section 323 IPC and they have been sentenced to undergo rigorous imprisonment for one year by judgment and...under Section 324 IPC and also convicted appellants Lal Babu Prasad Sah and Bishun Sah under Section 323 IPC.
6. Contention of learned counsel for the appellants is...
...compensation to the victim and released the petitioners-therein on probation in view of Section 360 IPC subject to payment of Rs. 20,000/-. In the said case, the accused were sentenced to undergo rigorous...judgment dated 23.2.2011, Sub Divisional Judicial Magistrate, Loharu has convicted the petitioners under Sections 147, 148, 452, 323 and 325 read with Section 149 IPC and vide...23.6.2009 submitted by complainant Mai Chand, FIR No. 83 dated 14.7.2009 under Sections 147, 148, 452, 323, 325 read with Section 149 IPC was registered at Police Station...
...be kidnapped for taking out of India. So section 360 IPC was not applicable. However, for the purpose of Section 363 IPC (Penal Section) the offence under Section 361 is required to be lo...(Annexure P-2), whereby the accused were discharged in case/FIR No. 54 dated 20.4.2007 registered under Section 363/511/34 IPC at P.S City Gurdaspur and further order dated...basic ingredients to constitute offence under Section 365/511/34 IPC are clearly made out against both the accused. It has been averred that inspite of making application...
...360 and 361 IPC are applicable to the facts of the present case. Section 360 IPC (kidnapping from India) reads as under:
"whoever conveys any person beyond the...."
18. He stated that to fall within the purview of Section 360 IPC, the removal of the child must be without the consent of "some person" who is...is a distinction between Sections 360 and 361 IPC. He submitted that for the purposes of Section
360 IPC, it would make no difference that the accused is also a parent of...
...Act, 1958 (in short “the Probation Act”) is applicable to the State of Haryana and, therefore, Section 360 is not applicable. In any event, life imprisonment is provided for an offence punishable under Section 326 .... Further, Section 360(1) of the Code itself provides that if for any offence life sentence is provided for, Section 360 of the Code would have no application.10. Undisputedly, in ...Section 149 and Section 323 read with Section 149 of the Penal Code, 1860 (in short “IPC”) and the Chief Judicial Magistrate, Karnal convicted and sentenced five of the accused persons in the following...
...parties. The occurrence is the outcome of a sudden flare up. I think, these five appellants namely Sukhbir Singh, Dhan Pal, Mannu, Siri Chand and Om Pal are entitled to benefit under Section 360 CrPC. Consequently, I suspend their s....Each of the seven accused are further ordered to undergo RI for one year under Section 148 IPC, two years' RI under Section 325/149 IPC and one-year RI under Sections...accused who are respondents herein are also acquitted of the offence under Sections 307/149 and Section 148 IPC. Their conviction and sentence under Sections 325/149, 232/149 and Section 148 IPC are...
...the trial Court and if held by the appellate Court.
12. It is not the case where the accused were entitled to the benefit of probation under Section 360 IPC as they were convicted for...Sections 323, 324, 326/149, 147 and 148 IPC. The present petitioners/accused were convicted by JMIC Samana for the offences under Sections 324 and 326 read with Section...by Additional Sessions Judge, Patiala vide judgement dated 22.3.2005, who, while maintaining the conviction and sentence so imposed upon the accused under Section 324/34 IPC, reduced, the sentence...
...Section 359, IPC is of two kinds. Firstly, kidnap ping from India and secondly kidnapping from lawful guardianship. Kidnapping from India is defined under Section 360, IPC, which says that whoever..., whereby the appellant has been convicted for the offence under Section 364, IPC and has been sentenced to under go for life.2. The informant, Sk. Makku gave a Fard Beyan to the.... On the basis of the said statement of the informant F.I.R was registered and the police after completion of investigation submitted charge-sheet under Section 364, IPC against the appellant. Thereafter...
...witness over departure of Md. Serfuddin on 18-09-2001 from the house of complainant however been disbelived by the appellate court while acquitting petitioner under Section 360 IPC.16. PW-4...for two years for an offence punishable under Section 498A of the IPC. However set aside the same relating to 380 of the IPC.2. P.W-4.Opposite Party No. 2, Jakia Bano filed complaint...by the learned trial court on that very score. Therefore, no offence punishable under Section under Section 498A of the IPC is coming out and found substantiated from the evidence of the witnesses...
...: kidnapping (from India) and kidnapping from lawful guardianship. Section 360 IPC provides for kidnapping from India and Section 361 provides for kidnapping from lawful guardianship. This Section provides...Section 363 IPC; rigorous imprisonment of five years with a fine of Rs. two thousand and in default another imprisonment of two months for offence under Section 366 IPC; rigorous imprisonment of ten years...with a fine of Rs. five thousands and in default additional imprisonment of three months for offence under Section 376 IPC, and life imprisonment with a fine of Rs. five thousand and in default...