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In Re: Venketaramiah and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1117
AppellantIn Re: Venketaramiah and anr.
Excerpt:
penal code (act xlv of 1860), section 339 - licenses of boat men taken away by accused--boatmen in consequence not permitted to go beyond a certain stage in the channel by the authorities--whether accused guilty of wrongful restraints--intention of legislature. - .....accused did not cause the restraint though it led to the boat being detained by other persons. what section 339, indian penal code, contemplates is that there must be obstruction attributable directly to the person charged, and the legislature apparently did not intend to include within the scope of the section an act which in its remote and indirect consequence might obstruct the free movement of a person.2. the conviction and sentence must be set aside and, the fine if paid be refunded.
Judgment:
ORDER

Abdur Rahim, J.

1. There can be no doubt that the facts found, namely that the accused took away the boat licenses from the boatmen with the result that the authorities did not permit the boat to proceed further up the channel, do not constitute an offence of wrongful restraint or confinement. Here the act of the accused did not cause the restraint though it led to the boat being detained by other persons. What Section 339, Indian Penal Code, contemplates is that there must be obstruction attributable directly to the person charged, and the legislature apparently did not intend to include within the scope of the section an act which in its remote and indirect consequence might obstruct the free movement of a person.

2. The conviction and sentence must be set aside and, the fine if paid be refunded.


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