Law:

Section:

Penal Code (XLV of 1860), S. 224-Persons merely running away to evade arrest-Whether guilty.The words "resistance" and "obstruction" occurring in section 224 Pakistan Penal Code have their ordinary meanings and were not intended to include the case of one merely running away to evade arrest by party wanting to apprehend him. No doubt, by running away the appellant evaded arrest, but mere evasion of arrest does not amount to offering resistance or obstruction to the arrest which would result only if there were some active opposition to the arrest by force or show of force. If the prosecution had succeeded in establishing that the appellant was carrying a fire-arm which he used to shake off his pursuers, it would have been held that he had offered resistance or obstruction to his arrest, though he may not have hurt anyone of his pursuers. JUDGMEMT SHABIR AHMAD; J.-Bati son of Daim. Gondal, of village Mamdana, District Gujrat, was tried by Mr. Ghulam Rabbani, Sessions Judge, Sargodha, under sections 302, 307 and 224 of the Pakistan Penal Code. He was acquitted of the first two charges but was sentenced to 18 months' rigorous imprisonment under section 224 of the Pakistan Penal Code and has presented an appeal through jail against his conviction and sen­tence. The prosecution alleged that the appellant and his brother, Soni, were accused of committing an offence under section 395 of the Pakistan Penal Code in the District of Gujrat and, as they had absconded, they were proclaimed as offenders. On the 20th of September 1949, Mahr Abdur Rahman, Sub-Inspector, was in village Bhabra in the District of Sargodha in connection with the investigation of a theft case, when at about 1 p. m., he learnt that two persons were hiding themselves in a jungle in the vicinity of the village The informer gave the descriptions of the persons, who were concealing themselves, and also mentioned that two mares and a filly were standing by them. Mahr Abdur Rahman was in search of the appellant and his brother Soni, who were known to him to be absconders from justice, and, on receiving the above-mentioned information, be arranged a party to apprehend them. The raid party consisting of…

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