Kollam Man v. D. Rajagopal & Ors (Ezhukone PS custodial torture, 1996); CC No. 181/1996
The Judicial First Class Magistrate-I, Kottarakkara (CC No. 181/1996) convicted Sub-Inspector D. Rajagopal and three constables of Ezhukone police station for dragging complainant [name withheld] from his home to the station on 8 February 1996 over a wage demand against a policeman's kin, and brutally assaulting him in custody overnight — including cigarette burns on his tongue that left him unable to speak when produced before the Magistrate next day — after foisting a false obstruction case on him. The court sentenced each to one year's simple imprisonment plus fines under IPC sections 323 and 324 read with section 34. The Additional District and Sessions Judge (Adhoc)-II, Kollam confirmed the conviction in appeal, and the Kerala High Court (Justice Mary Joseph, Crl.R.P. Nos. 519-520/2013, 23 June 2021) upheld it, holding sanction under section 197 CrPC does not protect custodial torture.
This page documents a trial-court conviction from the cited sources below. It is not a High Court or Supreme Court finding; the conviction may have been appealed. Findings are attributed to the convicting court; this record does not add findings of its own.
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By judgment in 2009, the Court of Judicial First Class Magistrate-I, Kottarakkara (CC No. 181/1996) convicted 4 police personnel, namely: D. Rajagopal (Sub-Inspector (A-1, then SI)); Manirajan (Police Constable No. 4690 (A-3)); Baby (Police Constable No. 3817 (A-4)); Sharafudeen (Police Constable (A-5)).
- Register number
- KL 02 CW 0004
- Case reference
- CC No. 181/1996
- Court and date
- The Court of Judicial First Class Magistrate-I, Kottarakkara (CC No. 181/1996), 2009
- Officer(s) at the material time
- D. Rajagopal (Sub-Inspector (A-1, then SI)); Manirajan (Police Constable No. 4690 (A-3)); Baby (Police Constable No. 3817 (A-4)); Sharafudeen (Police Constable (A-5))
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 323 read with Section 34 of the Indian Penal Code, 1860; Section 324 read with Section 34 of the Indian Penal Code, 1860
- Finding of the Court (extract)
- “In the result, both revisions fail and are dismissed.”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: 1 year simple imprisonment + Rs 2,500 fine each under section 324/34; Rs 1,000 fine each under section 323/34; Rs 10,000 compensation to complainant from fine
- Present status of the proceedings
- The conviction was affirmed in appeal.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Court of Judicial First Class Magistrate-I, Kottarakkara (CC No. 181/1996) convicted the accused police personnel on 2009. The conviction was upheld on appeal. Appeal text.
Sentence & charges
Sentence: 1 year simple imprisonment + Rs 2,500 fine each under section 324/34; Rs 1,000 fine each under section 323/34; Rs 10,000 compensation to complainant from fine
Sections: IPC 323 r/w IPC 34; IPC 324 r/w IPC 34
Appeal status
Upheld on appeal. Appeal text