Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Custodial violence - Accused-po/ice personnel Wrongfully confined |
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 violence - Accused-police personnel Wrongfully confined PW-1's husband in police custody and beat him to death and also gang-raped PW1 in a barbaric manner within the premises of the Police station - Conviction by Courts below - One accused sentenced to 3 years rigorous imprisonment, while the other accused were sentenced to 10 years rigorous imprisonment - On appeal, held: The accused deserve no mercy and should have been - awarded death sentence - However, non.e of the accused were charged under s.302 IPC find instead the lower Court,s treated the death of PW-1's husband as suicide- Both trial Court and High Court failed in their duty in this connection - In the normal course, Supreme Court could have issued notice of enhancement of sentence, but as no charge under s.302 IPC was framed, conviction under that provision cannot be straightaway recorded and the punishment cannot be enhanced - Penal Code, 1860 - s. 302, Custodial violence - Offence of - Held: Calls for harsh punishment - Custodial violence is in violation of this Court's directive in D.K. Basu's case ~ Directive to all police officers up to the level of S.H.O. to follow directions given by this Court in D.K. Basu's case.Crimes against Women - Held: Crimes against women are not ordinary crimes committed in a fit of anger or for property - They are social crimes - They disrupt the entire social fabric, and hence they call for harsh punishment. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 229 |
Petitioner | Mehboob Batcha And Ors. |
Respondent | State Rep. By Supdt. Of Police |
SCR | [2011] 3 S.C.R. 1091 |
Judgement Date | 2011-03-29 |
Case Number | 1511 |
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