Pakistan Penal Code 1860 Section 353

353.  Assault or criminal force to deter public servant from discharge of his duty.--Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

COMMENTARY

1. Bail. Offence committed under Ss. 186, 225 and 353, P.P.C. are bailable. 1998 PCr.LJ 9.

2.  Question of Jurisdiction. Question of jurisdiction of Special Court is to be considered with reference not only to the allegations contained in the FIR but also with reference to the facts of the case emerging during the investigation of such a case. PLD 2003 Lah. 588.

FIR registered against petitioners and other accused by Chief Engineer. Allegation of starting dirty abusive language. Intention to murder C.E. The forwarding of the case from the ordinary criminal Court to that of Anti-Terrorism Court was without assigning any reason and had been clearly a motivated action on the part of police, at the time and stage particularly when bail was granted to the accused, and Section 7, Anti-Terrorism Act, 1997 was added, it gives a clear impression of mala fide on the part of the police who had added the section merely to satisfy the desire of vengeance of a superior official of a Government department who was annoyed due to the representation of the office-bearers of APCA. The impugned order dated 9.6.2003 having been passed without assigning any sound reasons for entertaining the case in the Court of Anti-Terrorism, cannot be maintained and sustained by us. Therefore, we declare it illegal and without lawful authority. Consequently, the case is to return and tried by the ordinary Court of criminal jurisdiction. Petition accepted. 2004 KLR Cr.C. (BWP) 337.

Evidence against accused in shape of eye-witness account as well as circumstantial evidence and recovery of empties from spot when the accused were caught red handed alongwith unlicensed arms and ammunition. Conviction and sentence recorded by trial Court on data available were perfectly just and sound which call for interference. Denial of benefit of S. 382-B, Cr.P.C. as well as consecutive running of sentence is harsh which need modification. Sentence recorded shall run concurrently instead of consecutively and accused will be entitled to benefit of S. 382-B Cr.P.C. PLJ 2008 Cr.C. (Peshawar) 991.