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If two separate charges of Wrongful Confinement can be imposed at the same time

Saguna Patheja ,
  30 September 2020       Share Bookmark

Court :

Brief :
The sentence imposed on petitioners was enhanced and each of the petitioners was sentenced to suffer S.I. for two months, in addition to the fine already imposed.
Citation :
Appellant: Shamsudheen & Ors. Respondent: State of Kerala Citation: 1989 CriLJ 2068

Bench:

C S Nair

Issue:

If two separate charges of Wrongful Confinement can be imposed at the same time?

 

Facts:

  • There was a faction between two groups of persons belonging to a particular community, in the village.
  • One group did not relish the idea of one person visiting the house of another for performance of certain religious rites.
  • Hence the said petitioners wrongfully confined that person.
  • Getting information about the wrongful confinement, a Police Constable and Head Constable respectively proceeded to the place where the other person was kept in wrongful confinement.
  • They rescued that person from captivity at about 11.30 p.m.
  • Incensed by this, petitioners are alleged to have kept the two police constables in wrongful confinement till 1.30 in the morning until a police party rescued them.
  • In respect of this, the present charge is made. Accepting the evidence the petitioners were sentenced to pay a fine of Rs. 1,000/- each, with a default sentence.
  • A notice was issued to petitioners to show cause why the sentence, imposed on them should not be enhanced.

Appellants Contention

According to the appellant, they should have been tried under one charge. The appellant submitted that two distinct charges should not have been made. It is not possible to say that both offences arise from the same facts. In a broad sense, the two events may be related to each other, but do not arise from the same facts.

Respondent Contention

A separate charge and a separate trial for each distinct offence is the rule. The degree of defiance shown by petitioners to officers of law enforcement cannot be condoned. Rule of Law postulates duties and not rights alone. Petitioners acted in a high-handed manner, by keeping police officers in wrongful confinement. If such acts are viewed leniently that would erode the foundation of Government established by law.

Final Decision

The sentence imposed on petitioners was enhanced and each of the petitioners was sentenced to suffer S.I. for two months, in addition to the fine already imposed.

 
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