Summary
A Deputy Superintendent of Police challenged the reversal of his acquittal for intentionally disobeying law to protect offenders and intentionally failing to apprehend them during the Dinakaran office attack. The Supreme Court found that he acted under the officer commanding security, helped disperse agitators and later arrested accused persons. The prosecution had not established the required intentional misconduct. The trial court’s acquittal was a plausible view which the High Court should not have displaced.
Issues
- Whether the evidence established intentional disobedience or intentional omission to apprehend offenders.
- Whether reversal of the trial court’s acquittal was justified.
Provisions considered
- Sections 217 and 221, Indian Penal Code, 1860The evidence did not prove disobedience of law with the requisite protective intent or intentional omission to apprehend offenders. (¶¶ 22, 30, 31, 32, 33, 34)
Held
- The security deployment placed the appellant under the Additional Superintendent’s command. Evidence showed that he and other police used force to disperse agitators and responded to requests for action. (¶¶ 24, 26, 27, 29)
- No evidence established intentional disobedience to save offenders or intentional failure to apprehend them. The appellant later searched for and arrested several accused pursuant to orders. (¶¶ 30, 31, 32, 33)
- The trial court’s finding that the statutory ingredients were not established was a plausible view; the High Court could not substitute its conclusion in the circumstances. (¶ 34)
- The Court expressly left electronic-evidence contentions undecided, and its findings concerning this appellant were not to affect the other accused’s pending appeals. (¶¶ 20, 36)
Result
Appeals allowed. The High Court’s conviction and sentences under sections 217 and 221 were set aside and the appellant acquitted. He was left free to pursue pension and retirement benefits according to law, with authorities to take note of the acquittal. Other accused’s appeals remained to be decided independently.