POLICE CUSTODY DEATHS & RAPES- Mehboob Batcha & others Vs. State Rep. by Supdt. of Police SUPREME COURT OF INDIA-Dated 29/03/2011. "In spite of the constitutional and statutory provisions aimed at safeguarding the personal liberty and life of a citizen, growing incidence of torture and deaths in police custody has been a disturbing factor. Experience shows that worst violations of human rights take place during the course of investigation, when the police with a view to secure evidence or confession often resorts to third-degree methods including torture and adopts techniques of screening arrest by either not recording the arrest or describing the deprivation of liberty merely as a prolonged interrogation. A reading of the morning newspapers almost everyday carrying reports of dehumanising torture, assault, rape and death in custody of police or other governmental agencies is indeed depressing. The increasing incidence of torture and death in custody has assumed such alarming proportions that it is affecting the credibility of the rule of law and the administration of criminal justice system. The community rightly feels perturbed. Societys cry for justice becomes louder. Custodial death is perhaps one of the worst crimes: Custodial death - Appeal - Enhancement of sentence - Appellants-policemen wrongfully confined - Deceased in police custody in Police Station - Suspicion of theft - Beat him to death with lathis - Also gang raped his wife in barbaric manner - Confined several other persons (who were witnesses) - Beat them in police station with lathis - Appellant no.1 has been given sentence of 3 years rigorous imprisonment and fine - Others sentence of 10 years rigorous imprisonment with fine - Accused should have been charged u/sec. 302 IPC and awarded death sentence - Murder by policemen in police custody - Category of rarest of rare cases deserving death sentence - Entire incident took place within the premises of police station - Accused deserve no mercy - No charge under Section 302 IPC framed - Cannot straightaway record conviction under that provision and enhance punishment - Appeal dismissed. indiankanoon.org/doc/421778/
Posted on: Fri, 30 Aug 2013 07:59:18 +0000
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