STATE OF KARNATAKA Vs. MADESHA

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by a Division Bench of the Karnataka High Court directing acquittal of the respondents.

(2.) In this appeal, a notice limited to applicability of Section 201 of the Indian Penal Code, 1860 (in short the IPC) was issued by this Court. The High Court came to the conclusion that Section 201 IPC can only be applied to situations wherein an offence has taken place and the accused did some act towards screening the offenders and more importantly destroying or tampering with the evidence. When no offence was established to have been committed, Section 201 will not be applicable.

(3.) This Court had occasion to deal with such plea. In V.L. Tresa v. State of Kerala, 2001 CriLJ 1171 it was noted as follows: