While Dismissing State's Appeal, Supreme Court Notes Accused Was Assaulted In Custody; Orders Action Against Police Officials

While dismissing a criminal appeal filed by the State of Uttarakhand, the Supreme Court noted that the accused was subjected to custodial torture.Affirming his acquittal in a murder case, the Court directed the jurisdictional District Magistrate to hold an inquiry into the incident of custodial violence against the accused and initiate appropriate proceedings following the law against the erring officials. The bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan was hearing the appeal filed by the State of Uttarakhand against the High Court's decision to acquit the Respondent accused in a murder case. The High Court overturned the conviction noting that the prosecution failed to prove the last-seen theory on which its entire case rested.While considering the case, the Supreme Court noticed the High Court's finding that the accused had broken his leg while he was under custody. The High Court also recorded the doctor's statement that the injury was not due to any fall but due to assault by use of heavy objects.In this background, the Court order enquiry.The Prosecution Witness discredited the case during examination-in-chief by admitting he could not identify the accused in court or confirm whether they accompanied the deceased on the same day. Thus, the key claim that the deceased was last seen with the accused was not established. Noting that when the view expressed by the High Court was plausible, the Court questioned the intent of the State of Uttarakhand in preferring an appeal against an acquittal when the only witness in the case disproved the prosecution's case based on a last-seen theory. “The view taken by the High Court is certainly a plausible view which could have been taken on the basis of evidence on record. In fact, this is a case where no other view was possible. We wonder why the State has preferred these appeals against acquittal in such a case. The appeals are accordingly dismissed.”, the court observed. Though the appeals were dismissed, for considering the said report to be submitted by the District Magistrate, the appeal was directed to be listed for directions on 4th April 2025. Case Title: STATE OF UTTARAKHAND VERSUS NANKU @ PAPPU & ANR., Criminal Appeal Nos.1189-1190/2015Citation : 2025 LiveLaw (SC) 109Click here to read/download the orderAppearance: For Appellant(s) Mr. Sudarshan Singh Rawat, AOR Ms. Anubha Dhulia, Adv. Ms. Saakshi Singh Rawat, Adv. For Respondent(s) Ms. V. Mohana, Sr. Adv. Ms. Nidhi, AOR Mr. Amit K. Nain, AOR

While Dismissing State's Appeal, Supreme Court Notes Accused Was Assaulted In Custody; Orders Action Against Police Officials

Yash Mittal

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