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1 - 2 of 2 (0.47 seconds)Richard Saldana And Ors. vs State on 13 November, 1959
In Richard Saldana and Ors. v. State (AIR 1960 Kerala 200) this Court had the occasion to consider the question whether a person who is going for attending his duty can be said to be on official duty. In the above decision it was held that travelling as such was riot part of his duty even though in order to attend to such duty he had to do some travelling. In the above decision this Court said that Section 353 of the Indian Penal Code can apply only when the public servant is discharging the duty imposed on him by virtue of his office and he must be performing an act which is so integrally connected with the duty attached to his office as to form part of it. Travelling to the place of duty was not treated as something done in discharge of official duty. So, the finding by the trial Court that the appellant committed the offence punishable under Section 353 of the Indian Penal Code can be found to be not correct for the reason that even if the evidence adduced by the prosecution is accepted as such, Section 353 is not at all attracted.
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