CW-2023-0016Gautam Buddha Nagar, Uttar PradeshJudgment 26 June 2023

UP Police Sub-Inspector vs State of U.P. and connected appeals (UP Police personnel vs State)

The judgment of the Delhi High Court records the following account. On 1 September 2006 Noida police in civil dress took 26-year-old a Noida man @ a Noida man from his house without justification to Chowki Nithari in connection with a robbery case; he died in the PS Sector-20 lock-up and police claimed suicide by hanging. The trial, transferred to Delhi by the Supreme Court, ended in March 2019 with the conviction of six UP policemen: the Inspector got 3 years RI under Section 365/34 IPC, and two Sub-Inspectors and three constables got 10 years RI under Section 304/34 plus sentences under Sections 220, 365 and 167 IPC, concurrent. The Delhi High Court rejected the suicide theory, held the shirt-noose and GD entries inconclusive or manipulated, and applied the Section 106 Evidence Act presumption on facts within the special knowledge of the police. It dismissed all convict appeals and the complainant's plea for Section 302 enhancement, also upholding the acquittal of SI. Subcategory corrected from enforced_disappearance to custodial_death as the gravamen is death in custody with 10-year s.304 sentences; the s.365 abduction convictions are retained in the sections. 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 26 June 2023 in CRL.A. 488/2019, 499/2019, 537/2019, 622/2019, 624/2019, 1023/2019, 1025/2019, the Delhi High Court (Coram: Mukta Gupta, Anish Dayal, JJ.) affirmed the conviction of 5 police personnel, namely: Sub-Inspector, SOG Noida; Sub-Inspector, SOG Noida; Constable, SOG Noida; Constable, UP Police; Constable, UP Police.

Register number
UP 16 CW 0007
Case reference
CRL.A. 488/2019, 499/2019, 537/2019, 622/2019, 624/2019, 1023/2019, 1025/2019 / 2023:DHC:4293
Court and date
Delhi High Court (Coram: Mukta Gupta, Anish Dayal, JJ.), 26 June 2023
Officer(s) at the material time
Sub-Inspector, SOG Noida; Sub-Inspector, SOG Noida; Constable, SOG Noida; Constable, UP Police; Constable, UP Police
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 304 Part I of the Indian Penal Code, 1860; Section 365 of the Indian Penal Code, 1860; Section 220 of the Indian Penal Code, 1860; Section 167 of the Indian Penal Code, 1860; Section 34 of the Indian Penal Code, 1860
Finding of the Court (extract)
“The Ld. Trial Court has rightly convicted the said accused for the offences and the appeals by the accused viz. CRL.A. 488/2019, CRL.A. 499/2019, CRL.A. 537/2019, CRL.A. 622/2019 and CRL.A. 624/2019 are, therefore, dismissed and the conviction and sentence awarded …” (at para 12(a))
Verdict, sentence and quantum
Conviction upheld. Sentence: imprisonment; maximum substantive term of 10 years.
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 Delhi High Court judgment dated 26 June 2023 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 Ld. Trial Court has rightly convicted the said accused for the offences and the appeals by the accused viz. CRL.A. 488/2019, CRL.A. 499/2019, CRL.A. 537/2019, CRL.A. 622/2019 and CRL.A. 624/2019 are, therefore, dismissed and the conviction and sentence awarded …” (para 12(a))

Institutional response

2
Date not established

Conviction

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

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

Conviction · Supports allegation.
Source: 2023:DHC:4293
Not yet re-checked.
26 Jun 2023

Order issued

Concluded
Delhi High Court External · Binding

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

Conviction · Supports allegation (appellate affirmance; trial conviction separate card).
Source: 2023:DHC:4293
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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