Penal Code, 1860–Secs. 376(3) & 366A–Protection of Children from Sexual Offences Act, 2012–Sec. 3/4–Charge framed for the offence–Sustainability–Penetration is the essential ingredient for the offence u/s. 375 & 3/4 of POCSO Act–Mere act of touch of private parts does not constitute the offence under the above provisions–No such allegation in the statements u/ss. 161 & 164–Further, the offence u/s. 366-A can be made out when the abduction of a minor was done for another person–The charge ought to be framed u/s. 366 instead of u/s. 366-A–Ordered accordingly.
