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Death in unacceptable custody is a crime against society: Supreme Court | India News


NEW DELHI: The Supreme Court said Thursday that death due to violence in custody is abhorrent and not acceptable in a civilized society.
A court composed of Justices Ashok Bhushan and Ajay Rastogi said: “Custodial violence on the deceased that led to death is abhorrent and unacceptable in civilized society. The crime committed by the accused is not a crime against the deceased alone, but against humanity and clear violations of the rights guaranteed by article 21 of the Constitution. ”
The observation was made by the higher court as it refused to aggravate the 1988 crime of two Odisha policemen, accused of assaulting a man, who then succumbed to injuries.
In criticizing torture in custody, the court said that the beating of a person in the police station is a cause for concern for all and causes a sense of fear throughout society. However, the high court reduced the sentence of two septuagenarian defendants and ordered that improved compensation of Rs 3.5 lakh be paid to each of the deceased’s family members.
The bank noted that the police are protectors of law and order and people expect them to protect their lives and property. “When the protector of the people and of society himself, instead of protecting the people, adopts brutality and inhumanly beats the person who comes to the police station, it is a matter of great public concern,” the highest court said in a 35-year verdict. pages.
The accused police officers, a chief of the police station in charge and a senior inspector, had mercilessly beat the man at the police station. The victim later succumbed to injuries. These police officers transferred to the superior court against the conviction confirmed by the superior court and requested the commutation of the crime.
The court said: “We, therefore, are of the considered opinion that the present is a case in which this Court will not grant permission to aggravate crimes under Section 324 of the IPC as the appellants’ attorney prayed.” .
The court observed that crimes that affect the general public and generate fear in the general public are serious crimes, and established that the defendants mercilessly beat the deceased in the premises of the police station, which cannot be ignored.

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