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Mahendra Kumar Sonker vs. The State of Madhya Pradesh

Not available · 2024 INSC 600Decided 12 Aug 2024
Not available
Justice B.R. Gavai · Justice K.V. Viswanathan · Justice Nongmeikapam Kotiswar Singh

Background

The appellant, a Patwari (village revenue official) in Madhya Pradesh, was accused of demanding a bribe of Rs. 500 from a complainant, Babulal Ahirwar, after conducting an inquiry into a complaint against him. A police trap was laid, and when the trap party arrived to apprehend the appellant after the bribe money was allegedly handed over, a scuffle occurred. The appellant was acquitted of the bribery charges themselves but was convicted under Section 353 IPC (assault or criminal force to deter a public servant from performing duty) for allegedly resisting the trap party, and this conviction was upheld by the Madhya Pradesh High Court, leading to the present appeal.

Decision Breakdown

The Supreme Court examined the evidence and found that what occurred during the appellant's apprehension was, at most, jostling and pushing as he tried to wriggle free from arrest, not an assault or the deliberate use of criminal force required under Section 353 IPC. The Court noted there was no evidence he used any weapon or hard object, and a doctor's testimony about injuries to some trap-party members did not establish that the appellant caused them intentionally or for the purpose of deterring public duty. The Court contrasted Section 353 with the lesser offence under Section 186 IPC (obstructing a public servant), noting that even that lesser charge could not apply here since no complaint had been filed by the officer as required under Section 195(1)(a)(i) CrPC to prosecute it. Concluding that none of the essential ingredients of Section 353 were made out, the Supreme Court set aside the High Court's judgment, acquitted the appellant of the Section 353 charge, and allowed the appeal, directing that his bail bonds stand discharged.

Lesson Learnt

A person resisting or struggling during an arrest is not automatically guilty of "assault or criminal force to deter a public servant". The prosecution must specifically prove an intentional act of force or assault aimed at obstructing the official's duty, and courts will distinguish innocent instinctive resistance from a deliberate criminal act.

Official source (sci.gov.in)View Judgment (PDF)

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