CW-2007-0013Solan, Himachal PradeshJudgment 31 October 2007

Kandaghat Man vs State Of H.P. And Ors

The High Court of Himachal Pradesh allowed the compensation plea of Santosh Kumari, widow of a Kandaghat man (28), arrested on January 8, 2001 in excise FIR No. 4 of 2001 and found unconscious with head, shoulder, eye and genital injuries while being escorted by Police Post Sairy staff; he died at IGMC Shimla on January 9, 2001. Police claimed he jumped from a running bus near Boileauganj while escaping, while the family alleged custodial torture, delayed treatment and a post-mortem held two days after death. The Court found no compliance with the mandatory D.K. Basu safeguards, noted the SDM enquiry accepted police carelessness and that the scrotum and testicle injuries were unexplained, and directed the petitioner be paid Rs. 2,00,000 (non-recoverable, adjustable against any future civil award), leaving her free to approach courts or the State Human Rights Commission for further relief. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 31 October 2007, the High Court of Himachal Pradesh (Coram: Dev Darshan Sud, J.) returned findings adverse to the accused police personnel, and directed payment of compensation of Rs 2 lakh (Rs 2,00,000).

Register number
HP 14 CW 0001
Case reference
2008 ACJ 1684; 2008(1) ShimLC 355
Court and date
High Court of Himachal Pradesh (Coram: Dev Darshan Sud, J.), 31 October 2007
Officer(s) at the material time
Not identified in the cited sources (Police Post Sairy / Police Station Kandaghat)
Present service status
Not ascertained from the cited sources.
Provisions invoked
Not stated in the cited sources
Finding of the Court (extract)
“The injuries on the scrotum and testicles of the deceased have not been explained.” (at para 18)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 2 lakh (Rs 2,00,000).
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The High Court of Himachal Pradesh judgment dated 31 October 2007 is the concluded position shown in the cited sources.

Recorded allegations

1
Custodial deathPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“The injuries on the scrotum and testicles of the deceased have not been explained.” (para 18)

Institutional response

1
31 Oct 2007

Order issued

Concluded
High Court of Himachal Pradesh External · Binding

The High Court of Himachal Pradesh recorded adverse findings against police personnel and ordered Rs 200,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: 2008 ACJ 1684; 2008(1) ShimLC 355
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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