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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.M.Nerlikar
State of Maharashtra, through Police Station Officer – Appellant
Versus
Azhar @ Annu s/o Irfan @ Bhika Fakirawale – Respondent
| Table of Content |
|---|
| 1. failure of prosecution to prove guilt (Para 3 , 4 , 5) |
| 2. details of arrest and escape event (Para 6 , 7) |
| 3. requirement of lawful custody for section 224 ipc (Para 8 , 9 , 10 , 11) |
| 4. dismissal of appeal and confirmation of acquittal (Para 12 , 13) |
JUDGMENT :
M.M. Nerlikar, J.
Heard the learned Additional Public Prosecutor for appellant and learned counsel for respondent.
2. The present appeal is preferred by the State against the judgment and order passed by the learned Assistant Sessions Judge, Pusad dated 26.07.2011, wherein the accused was ac-quitted for the offence punishable under Section 224 of the Indian Penal Code (“ IPC ”) thereby setting aside the judgment and order of conviction and sentence passed by the Trial Court in Summary Criminal Case No. 916/2000.
3. The learned APP submits that the accused on 11.05.2000 at about 02.30 p.m. was apprehended by the Police on an allegation that he was suspected to commit an offence. Therefore Istegasha No.8/2000 was registered under Section 41 (2) of the Code of Criminal Procedure. He submits that the Appellate Court has erred in giving the finding that the accused was not in a lawful custody. The prosecution in orde
The prosecution must establish lawful custody for a conviction under Section 224 of the IPC; absence of evidence leads to acquittal.
The court affirmed that intentional escape from lawful custody constitutes a serious offence under IPC Section 224, overriding claims of unlawful detention and complaint delays.
Lawful custody and intention in escape definitions under IPC clarified, emphasizing voluntary nature of escape versus forcible rescue.
The definition of "State Prisoner" in Bengal Regulation III of 1818 is not applicable to the present case as the Statute does not define the term "State Prisoner".
If provisions of Section 41 CrPC which authorises police officer to arrest an accused without an order from a Magistrate and without a warrant are scrupulously enforced, wrong committed by police off....
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