Wednesday 2 September 2020

Whether the court can convict accused of an offence U/S 202 of IPC if the prosecution has failed to prove principal offence?

It would be convenient at the stage to refer to Section 202 of the Penal Code which runs as under:

202. Intentional omission to give information of offence by person bound to inform - Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

The offence in respect of which the appellants were indicted viz. having intentionally omitted to give information respecting an offence which he is legally bound to give, not having been established, the appellants could not have been convicted under Section 202 of the Penal Code. It is well settled that in a prosecution under Section 202 of the Penal Code, it is necessary for the prosecution to establish the main. offence before making a person liable under this section. The offence under Section 304 (Part II) and the one under Section 331 of the Penal Code not having been established on account of several infirmities, it is difficult to sustain the conviction of the appellants under Section 202 of the Penal Code.

Criminal Appeal No. 16 of 1973

Decided On: 18.01.1979

Harishchandrasing Sajjansinh Rathod  Vs.  State of Gujarat

Hon'ble Judges/Coram:
Raja Jaswant Singh and P.S. Kailasam, JJ.

Citations: AIR 1979 SC 1232, 1979 CriLJ 1025, (1979) 0 GLR 829, (1979) 4 SCC 502, 1979 (11) UJ 369 SC, MANU/SC/0114/1979 

Author:Raja Jaswant Singh, J.
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