CONVICTION UNDER SECTION 353 IPC FOR RESISTING ARREST DURING A POLICE TRAP

by | Aug 13, 2024

ASPECTS DETAILS
Case Title Mahendra Kumar Sonker vs. The State of Madhya Pradesh
Introduction Appeal challenging the conviction under Section 353 of IPC.
Factual Background The appellant was accused of demanding a bribe, and during a police trap, he opposed arrest, resulting in a conviction under Section 353 of IPC.
Legal Issues Was the conviction under Section 353 of IPC justified based on the evidence presented?
Applicable Law Section 353 of IPC (Assault or criminal force to deter public servant from discharge of duty).
Analysis Examination of evidence, including testimonies of witnesses and the application of IPC Sections 353, 350, 349, and 351, to establish the use of criminal force.
Conclusion The Supreme Court upheld the conviction under Section 353 of IPC, dismissing the appeal.
Current Scenario The judgment reaffirms the legal principles regarding the use of criminal force against public servants and sets a precedent for similar cases.

CASE SUMMARYThe Supreme Court of India has convicted Mahendra Kumar Sonker, under Section 353 of the IPC for using criminal force to deter a public servant from discharging his duties. The incident encloses a trap planned by the police to catch the appellant taking a bribe. During the trap, the appellant tried to oppose the arrest, leading to his conviction. Also, the appellant was acquitted of other charges, including corruption, the conviction under Section 353 was upheld by both the trial court and the High Court. The appeal to the Supreme Court was also dismissed.

 

SOURCE – SUPREME COURT OF INDIA

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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