Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Custodial death: Allegation of custodial death |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Custodial death: Allegation of custodial death against the accused-police officials on the ground that detenu-deceased was kept in illegal custody and subjected to third degree torture for extracting confession that the deceased was guilty of the offence of theft - Conviction u/ss.304 (Part-II), 330 - On appeal, Held: The fact that deceased was tortured and subjected to electric shock whilst in police custody was Well established by medical evidence - Prosecution proved beyond reasonable doubt that deceased was taken to the police station and upon his release, the police personnel terrorized the entire family - This was evident from the fact that widow, son and brother of the deceased all fumed hostile. However, evidence on the record clearly showed that death of the deceased was a direct consequence of the inexcusable and inhuman torture by the police - No reason to interfere with the order of conviction - Penal Code, 1860 - ss.304.Appeal: Appeal against acquittal - Acquittal by trial court power of appellate court to interfere with the order of acquittal - Held: Appellate court would not interfere with the order of acquittal, unless the conclusion recorded by the lower court is held to be perverse and has resulted in miscarriage of justice - Appellate court should also not interfere with an order of acquittal if two reasonable conclusions are possible. Criminal law: Suspicion, no matter how strong cannot be the basis of conviction - Even in cases of custodial death, it is for the prosecution to establish beyond reasonable doubt a proper link between the accused and the commission of crime. Constitution of India, 1950: Articles 21 and 22 (1) - Held:The expression life or Personal Liberty" in Article 21 includes right to live with human dignity - Therefore, it includes within itself guarantee against the torture and assault by the States or his functionaries - Custodial death. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2011 INSC 194 |
Petitioner | Haricharan & Anr. |
Respondent | State Of Madhya Pradesh & Ors, |
SCR | [2011] 3 S.C.R. 769 |
Judgement Date | 2011-03-09 |
Case Number | 581 |
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