# Trial No. 2 of 1987 arising out of RC 12 and 13 of 1981 (CBI/SPE Patna; Sabour P.S. Case No. 11(7)80) — State (CBI) vs Md. Wasimuddin and others; Govt. Appeal (SJ) No. 65 of 1990

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2-09-004](https://datalibertarian.in/babuwatch/trial-court/t2-09-004)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2-09-004.json](https://datalibertarian.in/babuwatch/data/case/t2-09-004.json)

Trial-court conviction (Special Magistrate, CBI, Patna; Magistrate's Court). Convicted 31 August 1987. Appeal status: Upheld on appeal.

## Summary

The Special Magistrate, CBI, Patna convicted OIC Md. Wasimuddin and SI Binda Prasad of Sabour PS on 31 August 1987 (Trial No. 2 of 1987, RC 12-13/1981) for the 1980 Bhagalpur blinding of two undertrial prisoners (PWs 1-2), whose eyes were pierced and acid poured, holding them guilty under IPC Sections 120B r/w 326 (plus Sections 326 and 220 for Wasimuddin). After the 14th Additional Sessions Judge, Patna acquitted all accused on first appeal, the Patna High Court on 2 May 2011 allowed the CBI's appeal in part, calling the acquittal perverse, restoring the trial conviction and sentence against Wasimuddin and Binda Prasad and directing them to surrender to serve it. (Press accounts claiming 'life imprisonment' are contradicted by the judgment text, which records 2-3 year terms.)

## Report card

By judgment dated 31 August 1987, the Special Magistrate, CBI, Patna convicted 2 police personnel, namely: Md. Wasimuddin (Officer-in-Charge (Sub-Inspector/Inspector, Sabour Police Station)); Binda Prasad (Sub-Inspector).

- Register number: BR 10 CW 0003
- Case reference: Trial No. 2 of 1987
- Court and date: The Special Magistrate, CBI, Patna, 31 August 1987
- Officer(s) at the material time: Md. Wasimuddin (Officer-in-Charge (Sub-Inspector/Inspector, Sabour Police Station)); Binda Prasad (Sub-Inspector)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 120B read with Section 326 of the Indian Penal Code, 1860; Section 326 of the Indian Penal Code, 1860; Section 220 of the Indian Penal Code, 1860
- Finding of the Court (extract): “The present appeal has been preferred by the \[name withheld\] through Special Police Establishment, CBI, Patna to challenge the judgment of acquittal passed by learned 14th Additional Sessions Judge, Patna.”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Trial court (31.8.1987): Wasimuddin — 2y RI (120B r/w 326) + 3y RI and Rs 1,000 fine (326; 1y SI in default) + 2y RI (220 IPC), concurrent; Binda Prasad — 2y RI (120B r/w 326). First appeal (14th ADJ Patna) acquitted all; Patna HC (Govt. Appeal (SJ) 65/1990, Dharnidhar Jha, J., 2 May 2011) set aside the acquittal of Wasimuddin and Binda Prasad, restored the trial conviction/sentence and ordered surrender; third co-accused \[name withheld\]'s acquittal maintained (not listed as officer)
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1688817/); [Appellate judgment](https://indiankanoon.org/doc/1688817/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2-09-004)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: custodial torture
- Location: Bhagalpur, Bihar
- Officers: Md. Wasimuddin (Officer-in-Charge (Sub-Inspector/Inspector, Sabour Police Station)); Binda Prasad (Sub-Inspector)
- Sentence: Trial court (31.8.1987): Wasimuddin — 2y RI (120B r/w 326) + 3y RI and Rs 1,000 fine (326; 1y SI in default) + 2y RI (220 IPC), concurrent; Binda Prasad — 2y RI (120B r/w 326). First appeal (14th ADJ Patna) acquitted all; Patna HC (Govt. Appeal (SJ) 65/1990, Dharnidhar Jha, J., 2 May 2011) set aside the acquittal of Wasimuddin and Binda Prasad, restored the trial conviction/sentence and ordered surrender; third co-accused \[name withheld\]'s acquittal maintained (not listed as officer)
- Verification: V2 · Trial court