# Kollam Man v. D. Rajagopal & Ors (Ezhukone PS custodial torture, 1996); CC No. 181/1996

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Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w2-14-003.json](https://datalibertarian.in/babuwatch/data/case/t2w2-14-003.json)

Trial-court conviction (Court of Judicial First Class Magistrate-I, Kottarakkara (CC No. 181/1996); Magistrate's Court). Convicted 2009. Appeal status: Upheld on appeal.

## Summary

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.

## Report card

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.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/125749818/); [Appellate judgment](https://indiankanoon.org/doc/125749818/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w2-14-003)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: custodial torture
- Location: Kollam, Kerala
- Officers: 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))
- 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
- Verification: V2 · Trial court