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In Re: Bozagellaya - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1166
AppellantIn Re: Bozagellaya
Excerpt:
penal code (act xlv of 1860), section 353 - criminal force--vaccinator attempting to vaccinate child--vaccination not compulsory in the place--'in the execution of his duty'--deterring vaccinator from vaccinating. - orderabdur rahim, j.1. vaccination not having been made compulsory in the harivanam village the vaccinator was not discharging any duty trader the law when attempting to vaccinate the child against the will of its parents. if the accused prevented him from doing so, he cannot be said to have committed any offence under section 353 of the indian penal code. the conviction must, therefore, be set aside and the fine, if paid, must be refunded.
Judgment:
ORDER

Abdur Rahim, J.

1. Vaccination not having been made compulsory in the Harivanam village the vaccinator was not discharging any duty trader the law when attempting to vaccinate the child against the will of its parents. If the accused prevented him from doing so, he cannot be said to have committed any offence under Section 353 of the Indian Penal Code. The conviction must, therefore, be set aside and the fine, if paid, must be refunded.


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