In Brief
A Special Judge convicted Mahendra Kumar Sonker under Section 353 of the IPC (assault on public servants) for resisting arrest during a trap operation. The High Court confirmed the conviction, imposing six months' imprisonment and a fine. The Supreme Court allowed the appeal and acquitted him. The Court found that the evidence showed only jostling and pushing as the appellant tried to extricate himself from arrest, not intentional assault or criminal force as required by Section 353. The injuries sustained by officers were consistent with the struggle of arrest rather than deliberate violence. The prosecution failed to prove all essential ingredients of the offence, and the acquittal was warranted.
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