Ganga Charan Singh vs Queen-Empress

Prinsep and Ameer Ali, JJ.—In this case the petitioner escaped from custody, after arrest by a Police constable under the belief that he was a man who had been charged with an offence and could not be arrested on warrants issued, He was subsequently brought to trial, and was acquitted on the ground that he was not the person who was charged with that offence, but was another person bearing the same name as the person accused. The question raised before us is whether, under such circumstances, it could be properly said that he was lawfully detained for any offence so as to make him liable to punishment for his escape. In our opinion he is not liable to punishment u/s 224, Penal Code, because he was not lawfully detained for any offence. Whether the Police were or were not justified in arresting this man is a matter which does not concern the point raised before us. We accordingly set aside the conviction and sentence, and direct that the fine, if paid, be refunded.