GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

LAW OF CRIMES – II
ASSIGNMENT

Submitted by:
Name: Aman Gahlot
Course: B.B.A. LLB
Enrolment No.: 00416503520
 PUNJAB AND HARYANA HIGH COURT

IPC SECTION 354: Assault or criminal force to woman with intent to

outrage her modesty.—Whoever assaults or uses criminal force to any
woman, intending to outrage or knowing it to be likely that he will thereby
outrage her modesty, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with
both.

IPC SECTION 363: Punishment for kidnapping.—Whoever kidnaps any

person from 1[India] or from lawful guardianship, shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.

IPC SECTION 366: Kidnapping, abducting or inducing woman to compel

her marriage, etc.—Whoever kidnaps or abducts any woman with intent
that she may be compelled, or knowing it to be likely that she will be
compelled, to marry any person against her will, or in order that she may
be forced or seduced to illicit intercourse, or knowing it to be likely that
she will be forced or seduced to illicit intercourse, shall be punished with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine; 1[and whoever, by means of
criminal intimidation as defined in this Code or of abuse of authority or
any other method of compulsion, induces any woman to go from any
place with intent that she may be, or knowing that it is likely that she will
be, forced or seduced to illicit intercourse with another person shall be
punishable as aforesaid].

IPC SECTION 366A: rocuration of minor girl.—Whoever, by any means

whatsoever, induces any minor girl under the age of eighteen years to
go from any place or to do any act with intent that such girl may be, or
knowing that it is likely that she will be, forced or seduced to illicit
intercourse with another person shall be punishable with imprisonment
which may extend to ten years, and shall also be liable to fine.]

IPC SECTION 368: Wrongfully concealing or keeping in confinement,

kidnapped or abducted person.—Whoever, knowing that any person has
been kidnapped or has been abducted, wrongfully conceals or confines
such person, shall be punished in the same manner as if he had
kidnapped or abducted such person with the same intention or
knowledge, or for the same purpose as that with or for which he
conceals or detains such person in confinement.
IPC SECTION 376: Punishment for rape.—
(1) Whoever, except in the cases provided for by sub-section (2),
commits rape shall be punished with imprisonment of either description
for a term which shall not be less than seven years but which may be for
life or for a term which may extend to ten years and shall also be liable
to fine unless the women raped is his own wife and is not under twelve
years of age, in which cases, he shall be punished with imprisonment of
either description for a term which may extend to two years or with fine
or with both: Provided that the court may, for adequate and special
reasons to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than seven years.
(2) Whoever,—
(a) being a police officer commits rape—
(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the
police station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer
subordinate to him; or
(b) being a public servant, takes advantage of his official position and
commits rape on a woman in his custody as such public servant or in the
custody of a public servant subordinate to him; or
(c) being on the management or on the staff of a jail, remand home or
other place of custody established by or under any law for the time being
in force or of a woman’s or children’s institution takes advantage of his
official position and commits rape on any inmate of such jail, remand
home, place or institution; or
(d) being on the management or on the staff of a hospital, takes
advantage of his official position and commits rape on a woman in that
hospital; or
(e) commits rape on a woman knowing her to be pregnant; or
(f) commits rape on a woman when she is under twelve years of age; or
(g) commits gang rape, shall be punished with rigorous imprisonment for
a term which shall not be less than ten years but which may be for life
and shall also be liable to fine: Provided that the Court may, for
adequate and special reasons to be mentioned in the judgment, impose
a sentence of imprisonment of either description for a term of less than
ten years. Explanation 1.—Where a woman is raped by one or more in a
group of persons acting in furtherance of their common intention, each of
the persons shall be deemed to have committed gang rape within the
meaning of this sub-section. Explanation 2.—“Women’s or children’s
institution” means an institution, whether called an orphanage or a home
for neglected woman or children or a widows’ home or by any other
name, which is established and maintained for the reception and care of
woman or children. Explanation 3.—“Hospital” means the precincts of
the hospital and includes the precincts of any institution for the reception
and treatment of persons during convalescence or of persons requiring
medical attention or rehabilitation.]

CRPC SECTION 482: Saving of inherent powers of High Court. Nothing

in this Code shall be deemed to limit or affect the inherent powers of the
High Court to make such orders as may be necessary to give effect to
any order under this Code, or to prevent abuse of the process of any
Court or otherwise to secure the ends of justice.

POCSO SECTION 4: Punishment for penetrative sexual assault.

1
[(1)] Whoever commits penetrative sexual assault shall be punished
with imprisonment of either description for a term which shall not be less
than 2[ten years] but which may extend to imprisonment for life, and shall
also be liable to fine.

3
[(2) Whoever commits penetrative sexual assault on a child below
sixteen years of age shall be punished with imprisonment for a term
which shall not be less than twenty years, but which may extend to
imprisonment for life, which shall mean imprisonment for the remainder
of natural life of that person and shall also be liable to fine.

(3) The fine imposed under sub-section (1) shall be just and reasonable
and paid to the victim to meet the medical expenses and rehabilitation of
such victim.]
POCSO SECTION 6: Punishment for aggravated penetrative sexual
assault.-- (1) Whoever commits aggravated penetrative sexual assault
shall be punished with rigorous imprisonment for a term which shall not
be less than twenty years, but which may extend to imprisonment for life,
which shall mean imprisonment for the remainder of natural life of that
person and shall also be liable to fine, or with death.

(2) The fine imposed under sub-section (1) shall be just and reasonable
and paid to the victim to meet the medical expenses and rehabilitation of
such victim.]

POCSO SECTION 8: Section 8 of the POCSO Act prescribes

punishment for sexual assault of a minor. Sexual assault under Section
7 of the Act includes an act done with sexual intent, which involves
physical contact without penetration.

While Section 8 has a minimum punishment of three years, a person

convicted under Section 354 of the IPC can be sentenced to a minimum
of one year in jail.

Section 8 of the POCSO Act prescribes punishment for sexual assault of

a minor. Sexual assault under Section 7 of the Act includes an act done
with sexual intent, which involves physical contact without penetration.
While Section 8 has a minimum punishment of three years, a person
convicted under Section 354 of the IPC can be sentenced to a minimum
of one year in jail.

THE CASES ARE:

1.SUSHIL KUNAR VIJ VS STATE OF PUNJAB AND ANOTHER:

The Single Judge as well as the Division Bench for good reasons
refrained
from going into the individual comparative merit. In judicial review
proceedings,

the Courts are concerned with the decision-making process and not the
decision itself.

We are of the opinion that there is no illegality or arbitrariness in the

process of selection and for the reasons stated above we are not
inclined to
interfere with the judgment of the High Court. Appeal, is therefore,
dismissed.
Parties to bear their own costs.
2. PRAKASH CHAND VS STATE OF PUNJAB:
THE COURT HEAVE HAEARD THE COUNSEL OF PARTIES. The
second petition is allowed and the first information report is quashed qua
the petitioner. The petition is allowed.
3. JASWANT SINGH vs STATE OF HARYANA:
By means of this appeal, the appellant Jaswant Singh has prayed for
quashing of the order dated 06.02.2020 passed by the learned Single
Judge of the Punjab and Haryana High Court in CRM-M-32011 of 2018
(O&M) whereby the High Court declined to exercise its powers under
Section 482 of the Criminal Procedure Code1 to quash the criminal
proceedings arising out of FIR No. 179 dated 29.10.2009 under Section
406/420 of the Indian Penal Code2 , Police Station Fatehgarh Sahib,
District Fatehgarh Sahib. However, the High Court granted bail to the
appellant subject to certain conditions contained in the said order.

For all the reasons recorded above on facts and on law both the present
appeals deserve to be allowed. The impugned proceedings arising out of
FIR No.179 dated 29.10.2009, PS Fatehgarh Sahib and all
consequential proceedings stand quashed qua the appellant.

ABID VS STATE OF HARYANA

This petition has been filed under Section 439 of the Code of Criminal
Procedure for grant of regular bail to the petitioner in case FIR No. 270
dated 20.05.2017, under Section 8 of the Protection of Children from
Sexual Offences Act, registered at Police Station City Sonepat, District
Sonepat.

It is inter alia contended by learned counsel for the petitioner that the
petitioner has falsely been implicated in this case and he is in custody
since 21.05.2017. It is also contended that there is a direct contravention
in the statements that have been recorded under Section 164 Cr.P.C.
and subsequent statement which is an improvement of the first one.

Ms. Gaganpreet Kaur, AAG, Haryana, has appeared on behalf of

respondent-State and contested the bail application. She opposes the
grant of regular bail to the petitioner but is not able to dispute the 1 of
2 contentions raised by the counsel for the petitioner.

I have heard learned counsel for the parties.

In view of the fact that the petitioner is in custody since 21.05.2017 and
the trial is likely to take some time, no useful purpose would be served in
keeping him in custody furthermore. Hence, at this stage, the present
petition is accepted. The petitioner is ordered to be released on regular
bail on his furnishing bail bonds and surety bonds to the satisfaction of
the trial Court/Duty Magistrate concerned.

However, any opinion expressed herein is for the purpose of grant of

regular bail and not an opinion on the merits of the case.
GURCHARAN SINGH VS STATE OF HARYANA AND OTHERS

In view of the foregoing, we are persuaded to conclude that the

decisions under challenge cannot be legally sustained. Consequently,
interfering with the impugned judgment of the High Court and the Trial
Court, the appellant's conviction under Section 306 IPC is set aside and
quashed. The appeal is accordingly, allowed.

SHAMMU AND OTHERS VS STATE OF PUNJAB:

The present petition is allowed on 18.05.2017. registered under section

354 of ipc read with section 482 of crpc all consequential proceedings
are quashed.