1983 Supreme(MP) 663

IN THE HIGH COURT OF MADHYA PRADESH
K. K. ADHIKARI, J.
State of M. P. - Appellant
Versus
Khumansingh - Respondent
Cr. R. No. 215 of 1982 (J)
Decided on : 12-08-1983

Headnote:(1) Indian Penal Code, 1860 – S. 52 – A – 'harboring' – assuring assistance regarding food etc. – is in elusive in the definition – it does not merely means "giving shelter"

       (2) Dakaiti Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (M.P.) S. 11 – Indian Penal Code, 1860 – S. 212 and 216 – A – Act of supply of food etc. to proclaimed dacoit – offences made out.

        Short Note

       1. This revision by the State is against the order of discharge of the non – applicant in the prosecution launched under section 212 and 216 – A of the Penal Code and section 11 of the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (hereinafter referred to as 'the Act'). Sections 212 and 216 – A of the Penal Code are specified offences within the meaning of section 2 (f) of the Act.

       2. The incident is alleged to be 22 – 10 – 1981 when the witnesses, Jagannath and Shankarsingh while proceeding to their village, Ramtauria saw dacoit Hakimsingh, an absconder dacoit having a prize of Rs. 1,000/ – for his capture, coming out of the house of the accused. It is further alleged that these two witnesses heard that the accused was harboring the said dacoit/offender.

       3. The learned Special Judge has found that no offence is made out as there is no material on record from which it could be gathered that the said Hakimsingh stayed during the night with the accused and if in the morning there was some talk, it could not be said that the offences are made out.

       4. Held : The word 'harbor' is defined in section 52 – A of the Indian Penal Code. It is an inclusive definition, and therefore, the meaning is not restrictive, hence prima facie extensive. The definition is as under : –

       "52 – A 'Harbor' – Except in section 157, and in section 130 in the case in which the harbor is given by the wife or husband of the person harbored, the word 'harbor' includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not to evade apprehension."

       5. Applying the aforesaid definition to the fact of the case, it will be seen that the accused was assuring assistance to Hakimsingh regarding food etc.

       6. In my opinion, the learned Special Judge fell in error in holding that "harboring" merely means "giving shelter". The order of discharge, therefore, proceeds on misinterpretation of law, and therefore, deserves to be set aside.

       7. The learned counsel for the non – applicant submitted that the Act constituting an offence must have a nexus with the commission of dacoity. In my opinion, since Hakimsingh was a proclaimed 'dacoit' carrying a prize on head is in itself provides the nexus and therefore any Act of the supply of food etc. to him would constitute the offence.

       Revision allowed.