TMI Blog2007 (8) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... t Section 201 IPC can only be applied to situations wherein an offence has taken place and the accused did some act towards screening the offenders and more importantly destroying or tampering with the evidence. When no offence was established to have been committed, Section 201 will not be applicable. 3. This Court had occasion to deal with such plea. In V.L. Tresa v. State of Kerala 2001CriLJ1171 it was noted as follows: 9. The issue thus pertains to the maintainability of conviction and sentence under Section 201. The law on this score is well settled since the decision in Kalwati case wherein Chandrasekhara Aiyar, J, speaking for the Bench observed: 21. But there can scarcely be any doubt that she must have witnessed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, or with that intention gives any information respecting the offence which he knows or believes to be false, (if a capital offence) shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (if punishable with imprisonment for life) and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; (if punishable with less than ten years' imprisonment) and if the offence is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expression 'knowing or having reason to believe' in the first paragraph and the expression 'knows or believes' in the second paragraph are used in the same sense. Take the case of an accused who has reason to believe that an offence has been committed. If the other conditions of the first paragraph are satisfied, he is guilty of an offence under Section 201. If it be supposed that the word 'believes' was used in a sense different from the expression 'having reason to believe', it would be necessary for the purpose of inflicting punishment upon the accused to prove that he 'believes' in addition to having reason to believe'. We cannot impute to the legislature an intention that an accused who is f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te the course of justice. 5. In this case, however, there was no evidence on record to attribute knowledge of the commission of offence to the accused. Therefore, it was held that Section 201 IPC cannot be applied. 6. Learned Counsel for the State has submitted that evidence of PW-26 establishes that the accused persons A-3 and A-4 had thrown the body of the deceased to fire. It was submitted that there was no question of exercising the right of private defence vis- -vis the deceased and, therefore, the order passed by the High Court cannot be maintained. 7. Learned Counsel for the respondents on the other hand supported the order of acquittal. 8. Coming to the question whether the plea relating to exercise of right of p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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