Custodial Death Of 26-Yr-Old: Delhi High Court Upholds Conviction, 10 Years Sentence Of Uttar Pradesh Cops In 2006 Case
Live LawThe Delhi High Court today upheld the conviction and 10 years of sentence awarded to five cops of the Uttar Pradesh Police over custodial torture resulting in death of a young 26-years-old man in 2006. A division bench of Justice Mukta Gupta and Justice Anish Dayal dismissed the appeals moved by the five police officials and upheld the trial court order convicting them for the offences punishable under sections 304, 220, 365, 167 and 34 of Indian Penal Code, 1860. Dismissing the appeals filed by the complainant father seeking conversion of the convictions of the police officials to the charge of murder, the bench said: “Considering that there is no evidence on record to prove that the accused police officers caused injuries to Sonu with an intention that in all likelihood death will ensure, thereby causing the murder of the deceased, it would be difficult to reach a conclusion that the accused police officers would be guilty of offence punishable under Section 302 IPC.” It added: “The said sequence of events and evidence on record suggest that the deceased was subjected to custodial torture with the knowledge that it was likely to cause death of the deceased but without any intention to cause the death. Therefore, the act of causing bodily injury, as is likely to cause death, would make the accused guilty of offence punishable under Section 304 IPC Part I and liable for a sentence for RI 10 years.” The FIR was registered at Noida Sector-20 police station on the complaint of victim's father alleging that the Noida Police, in civil dress, took away his son from the village.