State (CBCID) v. Cuddalore Police Sub-Inspector (A-1) and others
The Principal Sessions Judge, Cuddalore (Sessions Case No. 99 of 1993, CBCID Crime Nos. 160-162/1992) on 4 September 1997 convicted two sub-inspectors, a head constable and three constables who, as a special theft-detection team, wrongfully confined [name withheld] at Annamalainagar police station from 30 May to 2 June 1992 on suspicion of theft and beat him to death with lathis and boots, while gang-raping his wife [name withheld] inside the station and beating other detained witnesses. The court sentenced the four rapist-constables to 10 years RI each under section 376(2) IPC plus 3-year terms under sections 348, 330 and 354, and the two sub-inspectors to 3 years RI each (sections 218, 323, 348; A-2 also section 220), remarkably without any murder charge being framed. The Madras High Court confirmed the convictions on 28 November 2002 and the Supreme Court (Mehboob Batcha v. [name withheld], 29 March 2011) dismissed the appeal, lamenting that custodial murder by policemen deserved the death penalty.
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 dated 4 September 1997, the Principal Sessions Judge, Cuddalore (Sessions Case No. 99 of 1993) convicted 6 police personnel, namely: Sub-Inspector (A-1), Chidambaram Town Police Station; Sub-Inspector (A-2), Annamalainagar Police Station; Mehboob Batcha (Head Constable (A-3)); S. Parthasaraty (Police Constable (A-6)); Police Constable (A-8), Annamalainagar Police Station; Karunanidhi (Police Constable (A-10)).
- Register number
- TN 31 CW 0002
- Case reference
- Sessions Case No. 99 of 1993
- Court and date
- The Principal Sessions Judge, Cuddalore (Sessions Case No. 99 of 1993), 4 September 1997
- Officer(s) at the material time
- Sub-Inspector (A-1), Chidambaram Town Police Station; Sub-Inspector (A-2), Annamalainagar Police Station; Mehboob Batcha (Head Constable (A-3)); S. Parthasaraty (Police Constable (A-6)); Police Constable (A-8), Annamalainagar Police Station; Karunanidhi (Police Constable (A-10))
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 348 of the Indian Penal Code, 1860; Section 330 of the Indian Penal Code, 1860; Section 323 of the Indian Penal Code, 1860; Section 354 of the Indian Penal Code, 1860; Section 376(2)(a)(i)(ii)(iii)(b)(g) of the Indian Penal Code, 1860; Section 218 of the Indian Penal Code, 1860
- Finding of the Court (extract)
- “They being members of a special team of police officers, formed to nab the culprits involved in various offences of theft in and around Chidambaram, wrongfully confined a man from the early hours of 30.5.1992 till 2.6.1992.”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: A-3, A-6, A-8, A-10: 10 years RI + Rs 5,000 fine each (section 376(2)) plus 3-year RI terms on other counts; A-1, A-2: 3 years RI + fine each; sentences concurrent
- 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.
Principal Sessions Judge, Cuddalore (Sessions Case No. 99 of 1993) convicted the accused police personnel on 4 September 1997. The conviction was upheld on appeal. Appeal text.
Sentence & charges
Sentence: A-3, A-6, A-8, A-10: 10 years RI + Rs 5,000 fine each (section 376(2)) plus 3-year RI terms on other counts; A-1, A-2: 3 years RI + fine each; sentences concurrent
Sections: IPC 348; IPC 330; IPC 323; IPC 354; IPC 376(2)(a)(i)(ii)(iii)(b)(g); IPC 218
Appeal status
Upheld on appeal. Appeal text