Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | IPC ss.217 and 221 appellant intentionally omitted to apprehend the accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss.217 and 221 – Prosecution case was that a group of persons (Accused no.1 to 16) armed with dandas (sticks) and iron rods trespassed into the newspaper office and vandalized it and set it on fire – Three employees of the newspaper office got stuck in the engulfing fire and lost their life – A1 to A16 were charged under IPC, Explosive Substances Act and Tamil Nadu Property (Prevention of Damage and Loss) Act – Appellant-accused No.17 who was the then jurisdictional Deputy Superintendent of Police was charged for offence under ss.217 and 221 – Case against the appellant was that he did not take action to prevent the crime and intentionally disobeyed the directions of law and allowed the accused to escape from the place of occurrence – Trial court acquitted the appellant on the ground that on the date of occurrence, appellant was not the superior officer present at the place of occurrence and that PW-30-Additional Superintendent of Police was the superior officer and the bandobust was arranged under the head of PW-30 – State’s appeal against acquittal – High Court reversed the acquittal of 9 out of 16 main accused – High Court also reversed the acquittal of appellant and convicted him under charged offences – On appeal, held: The evidence on record clearly showed that the bandobust at the Newspaper office was posted under the control of PW-30 and the appellant was acting under the direction of PW-30 – Evidence on record further made it clear that the appellant and other police personnel used force to chase away the agitators – Evidence of PW-2-News Editor and PW-3-Chief Operating Officer of Newspaper office was to the effect that appellant immediately responded to them that action would be taken at once and that he had not received any order from his superiors which showed that there was no lack of diligence on his part – In his evidence, PW-30 did not state anything about the appellant having disobeyed his orders – s.217 is attracted when there is disobedience of the direction of law with intention to save the accused – In a tense situation where there is law and order problem, normally a superior gives out instructions on how to handle a situation and the subordinates are expected to carry them out – Responsibility for the actions lies with the superior – In the instant case, there was nothing to show that the appellant disobeyed the orders of PW-30 who was the officer placed In-charge of the bandobust nor there was any lack of diligence and inaction on the part of the appellant to sustain his conviction – On the contrary, there is clear evidence to show that the appellant and other police personnel used mild force against the miscreants and thus, chased them away to prevent any further untoward incident – As regards conviction under s.221, one of the essential ingredients is the intentional omission to apprehend a person or intentionally aiding such person to escape – PW-29-Superintendent of Police and PW- 30 who were present on the spot issued directions and accordingly, the appellant acted – After the occurrence was over, PW-29 directed the appellant to search for the accused – Accordingly, the appellant went in search of the accused and arrested accused No.1 to 4 on various dates – There is no evidence that appellant intentionally omitted to apprehend the accused on the spot – The view of trial court that ingredients of ss.217 and 221 were not made out was plausible one – High Court ought not to have substituted its views with the conclusion of the trial court – Conviction of the appellant not sustainable. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 1282 |
Petitioner | V. Rajaram |
Respondent | State Represented By The Inspector Of Police Cbi/scb |
SCR | [2019] 14 S.C.R. 977 |
Judgement Date | 2019-11-26 |
Case Number | 1765 |
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