VidhiSangh

Supreme Court of India · 25/09/2024

MANIK & ORS. versus THE STATE OF MAHARASHTRA

[2024] 9 S.C.R. 724 · 2024 INSC 734

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Summary

Split verdict in appeals by police officers convicted for the custodial torture and death of a suspect. C.T. Ravikumar, J. would acquit them of the offence under Section 304 Part II IPC and the connected offences, because the High Court had found the recovered body not proved to be the deceased's and there was no other reliable evidence of homicide, while upholding convictions for custodial torture under Sections 330, 348 and 387 IPC. Sanjay Kumar, J. would maintain all convictions and dismiss the appeals. The matter was placed before the Chief Justice of India.

Issues

  1. Whether the conviction under Section 304 Part II read with Section 34 IPC for custodial death can stand when the High Court held that the body recovered was not proved to be that of the deceased and the State did not appeal that finding.
  2. Whether, absent the body, the prosecution proved the homicidal death of the deceased in police custody by other reliable evidence.
  3. Whether the courts below wrongly placed a burden on the accused to prove the deceased's escape from custody and wrongly disregarded the certified copy of a Railway Court conviction relied on by the defence.
  4. Whether the convictions for custodial torture and for the offences of screening evidence and false records should stand.

Provisions considered

Held

Result

Split verdict. Ravikumar, J. would partly allow the appeals: acquit the appellants of all offences except the convictions of Accused Nos. 2 to 5 under Sections 330, 348 and 387 read with Section 34 IPC, and treat the appeal of Accused No. 1 as abated. Sanjay Kumar, J. would dismiss all the appeals. The papers were directed to be placed before the Chief Justice of India for assignment to an appropriate Bench.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 724.