Case Note & Summary
The State of Maharashtra filed an appeal against the judgment of the Judicial Magistrate First Class, Pimpri, dated 27 May 2003, acquitting two police officials (accused no.1 and accused no.2) of an offence under Section 330 of the Indian Penal Code (voluntarily causing hurt to extort confession or to compel restoration of property). The accused were police officials attached to Pimpri and Bhosari Police Stations respectively. The alleged incident occurred on 21 August 1999 between 9.30 a.m. and 11.30 a.m. at Nehrunagar, Pimpri. The deceased, Prakash Maruti Waghmare, was an informer working for the squad of D.C.P. Zone-III, Pune. On the day of the incident, the accused went to the deceased's house, then to the house of Trimbak Kakade where the deceased was playing cards, and asked him to accompany them to trace the house of a habitual criminal named Vishnu Maruti Shinde. While in the company of the accused, the deceased felt unwell, and the accused admitted him to the hospital of Dr. Sunil Lohade (PW-11) at Chinchwad Station. Dr. Lohade gave preliminary treatment and advised taking the deceased to Y.C.M. Hospital at Pimpri for further treatment. However, the accused did not take him to Y.C.M. Hospital but instead took him to his house. At about 1.30 p.m., the deceased's condition became serious, and his brother Bibhishan Waghmare, mother, and relatives took him back to Dr. Lohade's hospital. Dr. Lohade again advised taking him to Y.C.M. Hospital, where despite treatment, the deceased expired. The brother of the deceased informed the police about the death. The prosecution alleged that the accused caused hurt to the deceased to extort a confession about the whereabouts of the habitual criminal. The trial court acquitted the accused, finding no evidence of torture or extortion. The High Court, in appeal, noted that accused no.1 had expired and the appeal against him abated. The court examined the evidence, including the testimony of Dr. Lohade (PW-11), who stated that the deceased was brought to him by the accused and that he found no external injuries. The post-mortem report indicated the cause of death as 'not known' and no external injuries were found. The High Court held that the trial court's findings were not perverse and that the prosecution failed to prove the ingredients of Section 330 IPC. The appeal was dismissed, and the acquittal of accused no.2 was confirmed.
Headnote
A) Criminal Law - Appeal against Acquittal - Section 330 IPC - Voluntarily causing hurt to extort confession - The State appealed against acquittal of two police officials for allegedly causing hurt to an informer to extort confession about a habitual criminal. The High Court held that the trial court's finding of no evidence of torture or extortion was not perverse, as the deceased was taken to hospital and no injuries were proved. The appeal was dismissed. (Paras 1-11) B) Evidence - Medical Evidence - Cause of Death - The post-mortem report indicated cause of death as 'not known' and no external injuries were found. The High Court noted that the medical evidence did not support the prosecution case of hurt caused by accused. (Paras 5-6) C) Criminal Procedure - Appeal against Acquittal - Scope - The High Court reiterated that in an appeal against acquittal, the court will not interfere unless the findings are perverse or unreasonable. The trial court's appreciation of evidence was plausible and not perverse. (Paras 10-11)
Issue of Consideration
Whether the trial court's acquittal of the accused police officials for offence under Section 330 IPC was perverse and liable to be set aside.
Final Decision
Appeal dismissed. Acquittal of accused no.2 confirmed. Appeal against accused no.1 abated due to his death.
Law Points
- Appeal against acquittal
- Section 330 IPC
- Voluntarily causing hurt to extort confession
- Standard of proof in criminal appeal
- Acquittal not perverse
- Benefit of doubt
