Case Law Analysis
|Allahabad High Court
Section 364 IPC Conviction Invalid Without Specific Charge & Section 313 CrPC Compliance : Allahabad HC Acquits Due to Non-Cognate Offence with Section 302 IPC
Allahabad HC sets aside conviction under Section 364 IPC, ruling that charges must specifically allege abduction or murder intent, and Section 313 CrPC questioning is mandatory. The court held that Section 302 and 364 IPC are not cognate offences, invalidating convictions where the charge was not explicitly framed.