Limbu s/o Kiloshimba v. R., Crim App. 7-D-67; 3/3/67; Otto, J.

Limbu s/o Kiloshimba v. R., Crim App. 7-D-67; 3/3/67; Otto, J.

Accused was arrested for theft, but escaped from custody. He was captured and charged with both theft and escape from lawful custody (P. C. s. 116). Before trial, the theft charges were dropped, but there was no indication that original arrest or the subsequent custody had been unlawful.

            Held: Where an arrest and custody are lawful, an accused may be punished for escaping from custody, notwithstanding the fact that the charge on which the initial arrest was made is later found to groundless.