Former Congress MLA Vipin Wankhede, 7 others acquitted as court finds no evidence of assault on police
Court Acquits Former MLA Vipin Wankhede and Seven Others
The Special MP-MLA Court acquitted former MLA Vipin Wankhede and seven others in a 2020 case registered at Barod police station in Agar-Malwa district for allegedly obstructing government work, threatening police personnel and misbehaving with public servants.
Delivering its judgment on July 28, the court held that the prosecution failed to prove the charges beyond reasonable doubt. It observed that the evidence and records on file did not establish that the accused had actually obstructed official duty or used criminal force against police personnel.
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Court's Observation on Section 353 IPC
In a significant observation, the court ruled that merely questioning, arguing with or protesting before a police officer does not amount to obstructing public duty. It clarified that an offence under Section 353 of the Indian Penal Code is made out only when there is evidence of assault or criminal force used to deter a public servant from performing official duties. A verbal exchange or disagreement alone cannot attract the offence.
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SociallyKeeda's Point of View
According to SociallyKeeda.com, the judgment highlights the importance of evidence in criminal cases. The court made it clear that disagreement or verbal protest alone is not enough to establish the offence under Section 353 IPC unless criminal force or assault is proved.
