Showing posts with label animosity. Show all posts
Showing posts with label animosity. Show all posts

Sunday, 22 September 2024

Whether the court can convict an accused for an offence U/S 353 and S 332 of IPC if prosecution fails to prove that assault has link with discharge of duty by public servant?

In the present case also it is seen that the complainant was questioned with regards to some complaint lodged by him against the accused. The motive for assault has no link with the discharge of duty by the complainant. It is manifest that the assault on the PW-1 had no real nexus or causal connection or consequential relation with the performance of his duty as a public servant. There was no evidence from which it could be reasonably inferred that the intent of the accused was to prevent or deter him from discharge of his duty as such public servant. As such the charge under Sections 332 and 353 of IPC cannot sustain and the conviction for the said offences is also required to be set aside. 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Criminal Revision Application No.52 of 2005

Balasaheb Nivrutti Jagtap Vs. The State of Maharashtra

Dated: 20th March, 2018.

Coram: PRAKASH D. NAIK, J.

Citation: 2018 ALL MR (Cri) 2693.

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