VidhiSangh

Supreme Court of India · 04/09/2018

YASHWANT ETC. versus THE STATE OF MAHARASHTRA

[2018] 12 S.C.R. 654 · 2018 INSC 777

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Summary

In a custodial-torture case, the Supreme Court retained the acquittal on homicide charges because a causal link between the beatings and death was not established, and upheld the acquittal of an officer whose presence was doubtful. It rejected the other officers’ belated superior-orders defence and affirmed their Section 330 IPC convictions. Their imprisonment was increased from three to seven years, reflecting the gravity of police torture to extract information or confession.

Issues

  1. Whether the evidence justified disturbing the concurrent acquittal on homicide charges.
  2. Whether superior orders excused the subordinate officers or the acquittal of accused A-10 should be reversed.
  3. Whether the sentence for custodial torture under Section 330 IPC required enhancement.

Provisions considered

Held

Result

State’s appeals partly allowed to enhance Section 330 imprisonment to seven years, with the existing fine maintained. Homicide acquittal and A-10’s acquittal undisturbed; accused’s appeals dismissed and surrender directed forthwith.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 654.