LexMEHBOOB BATCHA AND ORS. versus STATE REP. BY SUPDT. OF POLICE
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[2011) 3 S.C.R. 1091 -MEHBOOB BATCHA AND_ ORS. v. STATE REP. BY SUPDT. OF POLICE (Criminal Appeal No. 1511 of 2003) MARCH 29, 2011 [MARKANDEY KATJU' AND GYAN SUDHA MISRA, JJ.] Custodial violence - Accused-po/ice personnel Wrongfully confined PW-1's husband in police custody and A B beat him to death and also gaf)g-raped PW1 in a barbaric C 'manner within the premises of the Police station - Conviction by Courts below - One accused sentenced to 3 years rigorous imprisonment, while the other accused were sentenced to 1 O years rigoroµs imprisonment - On appeal, · held: The accused deserve no mercy and should have been -D awarded death sentence - However, non.e of the accused were charged under s.302 /PC fJnd instead the lower Court,s treated the death of PW-1's husband as suicide- Both trial Court and High Court failed in their duty in this connection - In the normal course, Supreme Court could ha've issued notice of E , enhancement of sentence, but as no charge under s.302 /PC was framed, conviction under that provision cannot be straightaway recorde<;J and the punishment cannot be enhanced - Penal Code, 1860 - s. 302, Custodial violence - Offence of - Held: Calls for harsh F punishment - Custodial violence is in _violatio_n of this Court's -directive in D.K. Basu's case ~ Directive to all police officers up to the level of S.H.O. to follow directions given by this Court in D.K. Basu's case. Crimes against Women ~-Held: Crimes against women are not ordin,ary crimes committe,d in a . fit of anger or for property - _They are social crimes - They. disrupt the entire social fabric,·- and hence they call for harsh punishment. G 1091 H 1092 SUPREME COURT REPORTS [2011) 3 S.C.R. A The accused-appellants are policemen who wrongfully confined PW1 's husband in police custody on suspicion of theft for four days and beat him to death there with lathis, and also gang raped PW1 in a barbaric manner within the premises of the police station. The B accuse.d also confined several other persons (who were witnesses) and beat them in the police station with lathis. Both the trial Court and the High Court found the appellants guilty. Hence the instant appeal. c Dismissing the appeal, the Court HELD:1. There is no reason to disagree with the verdict of the trial court and the High Court. If ever there was a case which cried out for death penalty it is this one, but it is deeply regrettable that not only was no such D penalty imposed but not even a charge under Section 302 IPC was framed against the accused by the Courts below. [Paras 1, 5] [1095-E; 1096-B] 2. To prove the charges the prosecution examined as E many as 37 witnesses, and they proved the guilt of the accused beyond reasonable doubt. PW1 has given her evidence in great detail and there is no reason to disbelieve the same. Her evidence discloses the inhuman and savage manner in which the accused, who were police personnel, treated PW1 and her husband. F Ordinarily no self respecting woman would come forward in Court to falsely make such a humiliating statement against her honour. [Paras 5, 6 and 8] [1096-B-C; 1101- G] G 3. Though the accused·appellants referred to some discrepancies in the evidence of PW-1, but it is well settled that minor discrepancies cannot demolish the veracity of the prosecution case. There is no major discrepancy in the prosecution case, which is supported H by the evidence of a large number of witnesses, including MEHBOOB BATCHA AND ORS. v, STATE REP. BY 1093 SUPDT. OF POLICE injured witnesses, apart from the testimony of PW-1, who · A identified the accused in the identification parade. Although A10 was not identified by her, the High Court. has given good reasons for holding him guilty too, and this Court agrees with the same. [Para 9] [1101-H; 1102- ~~ s· 4. The Medical Officer who examined PW-1 found multiple nail scratches on her breasts. She complained of severe pain in her private parts. There were multiple abrasions on her vagina and cervix with discharge of foul smelling fluids. The chemical analysis of her vaginal C smear showed plenty of pus cells and epithetical cells. Crimes against women are not ordinary crimes committed in a fit of anger or for property. They are social · crimes. They disrupt the entire social fabric, and hence they call for harsh punishment. The horrendous manner D in which PW-1 was treated by policemen was shocking and atroc
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