MEHBOOB BATCHA AND ORS. v. STATE REP. BY SUPDT. OF POLICE INSC 302
Supreme Court Case Analysis Name of the case: Mehboob Batcha & Ors vs State Rep. By Supdt. Of Police on 29 March, 2011 Year decided: 2011 Facts: the appellants are policemen who wrongfully confined Nandagopal and his wife in Annamalai Nagar police station. They confined him on suspicion of theft from 30.5.1992 till 2.6.1992 and beated him to death and also gang raped and beat his wife, Padmini. The trial courts and high courts found the appellants guilty and to prove the charges as many as 37 witnesses were examined. On Sunday, 2 policemen came to Padmini’s house and beat her with lathis then told her to get into the 2 autos the policemen came in , in those autos was her husband and Subramaniam. The auto went to Annamalai police station where she was again beaten up and her blouse was torn. Soon after she was told to sit in the police station and 2 female police came there and accompanied her throughout the night. In the morning when Padmini gave some of her food to her husband, A6 came and beat him up again and A1 beat up Padmini. On Monday at about 8 pm, Nandagopal was bought from his lock up. A6 told accuse Kolanchi to remove Padminis sari but when he refused he was beaten up by A6. Soon after, A3 came to remove her sari, and was made nude by A1, A3, A6, A8 and A10, they told her to run around the courtyard. All 5 accused then forcefully kissed her and beat her. They told her not to tell what happened there to anyone outside, then 2 women police came and she told them what happened, they said no one would beat her anymore. On Tuesday, when Rani came to the station to see her brother, sexual remarks were made towards her and later told to go home, at that time there were bleeding injuries on Nandagopal due to the beatings he sustained by A1, A3, A6, A8 and A10. On Tuesday night, 2 women police that accompanied Padmini left her alone at the station. Soon after, she was raped and beaten in front of her husband while he was in handcuffs and also being beaten by A2, A3, A6, A8 and A10. On the account of sexual assault she sustained bleeding injuries on her breasts and genitals and was rendered unconscious due to them. When the next morning she woke up, she was told her husband had died. After that she went and beat A10, who was at the Annamalai police station with chappals. The R.D.O was present there and asked what happened and thereafter took her statement. The next day she was examined by a lady doctor for rape injuries. Issue: whether death sentence could be awarded if the accused hasn’t been booked under section 302 of IPC? Decision : the court could not issue a notice of enhancement of sentence straight away or impose death penalty on accused as the case wasn’t filed under section 302 of IPC. However the appeal was dismissed and a copy of this order was sent to circulate among all police officers upto the level of S.H.O. and warned that custodial violence shall entail harsh punishment. [1]
- [2] Mehboob Batcha and others Vs. State, 7 SCC