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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJAY VASHISTH
Baljinder Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
SANJAY VASHISTH, J.
1. Present petition has been filed by the petitioners, challenging the impugned judgment dated 11.02.2015 and order of sentence dated 13.02.2015 (Annexure P-1) passed by the Court of learned Additional Sessions Judge, Ambala (Appellate Court), whereby judgment of acquittal dated 22.08.2014 passed by learned Judicial Magistrate 1st Class, Ambala (trial Court) was set aside and consequently, petitioners namely Baljinder Singh, Darbara Singh and Daljit Singh, were convicted for committing the offence under Section 223 of IPC.
2. All the three petitioners (accused) were alleged to have been deputed to produce Sandeep Kumar before the Court of Sh. A.S. Narang, the then learned Additional Sessions Judge, Ambala, in connection with FIR No.237 dated 23.07.2007, registered under Sections 307/120-B IPC at Police Station Ambala City.
At about 6:00 p.m., information was received telephonically that while the police party, along with under-trial prisoners namely Sandeep Kumar and Satnam Singh, was boarding a bus, Sandeep Kumar managed to free himself from custody and escape.
3. Consequently, a separate FIR was registered, and all the three police officials were charge-
Criminal negligence requires gross and culpable failure in duty, not merely errors in judgment, and the prosecution must prove these elements beyond reasonable doubt to sustain a conviction under Sec....
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 prosecution must establish lawful custody for a conviction under Section 224 of the IPC; absence of evidence leads to acquittal.
A court's acquittal is unsustainable if crucial evidence is not brought forth, particularly if the prosecution fails to examine key witnesses, indicating investigative negligence.
The court established that departmental proceedings can result in disciplinary action even after a criminal acquittal, as the standards of proof and the nature of evidence required in such proceeding....
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