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Emperor Vs. Gokal and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1923)ILR45All142
AppellantEmperor
RespondentGokal and ors.
Excerpt:
act no. xlv of 1860 (indian penal code), sections 225b, 323 and 352 - arrest made bona fide but under warrant illegally issued--rescue--offence committed by rescuers. - - upon the facts the four persons convicted clearly used criminal force......not agree with the learned sessions judge that no offence was committed. upon the facts the four persons convicted clearly used criminal force. i am not disposed to go out of my way to find technical excuses for persons who use criminal force towards constables acting honestly within the scope of their authority. the circumstance that the warrant which they were endeavouring to execute contained a technical defect, which the constables could not possibly have any idea of, would affect the case only this much that it renders the persons convicted not guilty of n, more serious offence. they have already been found not guilty of that offence. the position of the constables was that they had to obey orders. the persons convicted had not the vaguest idea that the warrant contained a.....
Judgment:

Stuart, J.

1. I do not agree with the learned Sessions Judge that no offence was committed. Upon the facts the four persons convicted clearly used criminal force. I am not disposed to go out of my way to find technical excuses for persons who use criminal force towards constables acting honestly within the scope of their authority. The circumstance that the warrant which they were endeavouring to execute contained a technical defect, which the constables could not possibly have any idea of, would affect the case only this much that it renders the persons convicted not guilty of n, more serious offence. They have already been found not guilty of that offence. The position of the constables was that they had to obey orders. The persons convicted had not the vaguest idea that the warrant contained a technical defect but used criminal force to prevent the warrant being executed. I change the convictions from Section 323 to convictions under Section 352 and uphold the sentences. If Enayat has been released on bail, he will surrender to his bail and serve the remainder of his sentence of one month's rigorous imprisonment.


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