CW-2008-0015Barmer, RajasthanJudgment 19 November 2008

Barmer Police Constable vs State of Rajasthan (with Kishore Singh vs State; [name withheld] vs State)

A Division Bench of the Rajasthan High Court at Jodhpur partly allowed the appeals of three policemen convicted by the Additional Sessions Judge (Fast Track), Balotra, for the February 1994 illegal confinement, beating and castration of a Barmer man, who was locked in the barrack of Sadar Police Station, Barmer for four days while Rs 30-40 thousand was demanded for his release. The Court acquitted SHO and ASI of all charges, but maintained Constable Kishore Singh conviction for grievous hurt under Section 326 IPC, reducing the life term to the period already undergone (about four years) while enhancing the fine to Rs 1 lakh payable to the injured complainant, and altering his wrongful-confinement conviction from Section 343 to Section 342 IPC with one year rigorous imprisonment concurrent. The CBI had investigated the case and the Court held custodial punishment with enhanced fine sufficient on the totality of facts. [name withheld] and [name withheld] were acquitted in this judgment, but their acquittals were later set aside by the Supreme Court in the appeal covered by a companion record of this dataset, under which their final status is convicted. 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 19 November 2008 in S.B. Criminal Appeal No. 31/2006 with D.B. Criminal Appeal No. 235/2006 and S.B. Criminal Appeal No. 70/2006, the Rajasthan High Court (Coram: A.M. Kapadia, Deo Narayan Thanvi, JJ.) affirmed the conviction of 3 police personnel, namely: Kishore Singh (Constable); Station House Officer, Police Station Sadar, Barmer; Assistant Sub-Inspector, Police Station Sadar, Barmer, and directed payment of compensation of Rs 1 lakh (Rs 1,00,000).

Register number
RJ 04 CW 0002
Case reference
S.B. Criminal Appeal No. 31/2006 with D.B. Criminal Appeal No. 235/2006 and S.B. Criminal Appeal No. 70/2006
Court and date
Rajasthan High Court (Coram: A.M. Kapadia, Deo Narayan Thanvi, JJ.), 19 November 2008
Officer(s) at the material time
Kishore Singh (Constable); Station House Officer, Police Station Sadar, Barmer; Assistant Sub-Inspector, Police Station Sadar, Barmer
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 326 of the Indian Penal Code, 1860; Section 342 of the Indian Penal Code, 1860
Finding of the Court (extract)
“While acquitting appellant Kishore Singh of the offences u/ss.323, 308 and 120B read with 343, 323, 384, 326 & 308 IPC, his conviction for the offence u/s.326 IPC is maintained and he is sentenced to the period already undergone, instead …” (at para 17)
Verdict, sentence and quantum
Conviction upheld. Sentence: imprisonment and fine; maximum substantive term of 4 years. Compensation: Rs 1 lakh (Rs 1,00,000).
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 Rajasthan High Court judgment dated 19 November 2008 is the concluded position shown in the cited sources.

Recorded allegations

1
Custodial torturePrimary
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.

“While acquitting appellant Kishore Singh of the offences u/ss.323, 308 and 120B read with 343, 323, 384, 326 & 308 IPC, his conviction for the offence u/s.326 IPC is maintained and he is sentenced to the period already undergone, instead …” (para 17)

Institutional response

2
Date not established

Conviction

Concluded
Trial court (as recorded in the Rajasthan High Court judgment) External · Binding

The trial court convicted the accused police personnel, as recorded in the Rajasthan High Court judgment.

Conviction · Supports allegation.
Source: S.B. Criminal Appeal No. 31/2006 with D.B. Criminal Appeal No. 235/2006 and S.B. Criminal Appeal No. 70/2006
Not yet re-checked.
19 Nov 2008

Order issued

Concluded
Rajasthan High Court External · Binding

The Rajasthan High Court dismissed the appeal and upheld the convictions of police personnel.

Conviction · Supports allegation (appellate affirmance; trial conviction separate card).
Source: S.B. Criminal Appeal No. 31/2006 with D.B. Criminal Appeal No. 235/2006 and S.B. Criminal Appeal No. 70/2006
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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