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The Public Prosecutor Vs. Sennimalai Goundan - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in49Ind.Cas.656
AppellantThe Public Prosecutor
RespondentSennimalai Goundan
Cases Referred and Public Prosecutor v. Ramaswami Konan
Excerpt:
penal code (act xlv of 1860), section 225b - escape from custody--consent of custodian, effect of--offence. - .....custodian on the same footing. these rulings have been distinguished by krishnasami aiyar, j., in public prosecutor, in re 7 ind. cas. 392 : 8 m.l.t. 286 : 11 cri.l.j. 477 : (1910) m.w.n. 592, but with all respect we do not think the ground of distinction is sound.2. we may refer to the wording of section 221 of the indian penal code as illustrative of the meaning to be given to the word 'escape' in section 225 b. section 221 speaks of a public servant who 'intentionally suffers such person to escape.' this strongly suggests that an escape is nonetheless an escape, though effected with the 'consent of the custodian.3. under the terms of the warrant in this case, the process-server was only authorised to release the judgment-debtor on actual receipt of the decree amount.4. we must set.....
Judgment:

1. We are bound by the authority of Queen-Empress v. Muppan 1 Weir 203 : 6 Ind. Dec. 628 and Public Prosecutor v. Ramaswami Konan 8 Cri.L.J. 200 : 18 M.L.J. 540, both of which place the consent and neglect of the custodian on the same footing. These rulings have been distinguished by Krishnasami Aiyar, J., in Public Prosecutor, In re 7 Ind. Cas. 392 : 8 M.L.T. 286 : 11 Cri.L.J. 477 : (1910) M.W.N. 592, but with all respect we do not think the ground of distinction is sound.

2. We may refer to the wording of Section 221 of the Indian Penal Code as illustrative of the meaning to be given to the word 'escape' in Section 225 B. Section 221 speaks of a public servant who 'intentionally suffers such person to escape.' This strongly suggests that an escape is nonetheless an escape, though effected with the 'consent of the custodian.

3. Under the terms of the warrant in this case, the process-server was only authorised to release the judgment-debtor on actual receipt of the decree amount.

4. We must set aside the order of the Sub Divisional Magistrate and restore the conviction; but we reduce the sentence to the term of imprisonment already undergone which is, in our opinion, sufficient.


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