Sessions Case No. 89/2008 & 85/2008 (FIR No. 1004/2006, PS Sector-20, Noida; State vs [name withheld] & Ors.; deceased [name withheld])
Per the Delhi High Court judgment of 26-06-2023, Constable was among five UP Police officers convicted by the Sessions Judge, Delhi (Karkardooma; transferred from Gautam Budh Nagar by the Supreme Court) for the custodial torture and death of a Gautam Budh Nagar man @ a Gautam Budh Nagar man on 01/02-09-2006, falsely shown as suicide at PS Sector-20, Noida. The trial court sentenced him to 10 years RI with concurrent terms including 3 years RI under IPC 167 (order on sentence 20-03-2019). The High Court upheld the conviction.
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 14 March 2019, the ASJ (FTC-04), Shahdara, Karkardooma Courts, Delhi (transferred from ASJ FTC-04, Gautam Budh Nagar, UP, vide SC order 24-01-2011) convicted the Constable, UP Police, Noida (Gautam Budh Nagar).
- Register number
- UP 16 CW 0005
- Case reference
- Crl.A.499/2019
- Court and date
- The ASJ (FTC-04), Shahdara, Karkardooma Courts, Delhi (transferred from ASJ FTC-04, Gautam Budh Nagar, UP, vide SC order 24-01-2011), 14 March 2019
- Officer(s) at the material time
- Constable, UP Police, Noida (Gautam Budh Nagar)
- 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 deceased was subjected to custodial torture with the knowledge that it was likely to cause death of the deceased but without any intention to cause the death.”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: 10 years rigorous imprisonment (IPC 304/34) plus 3 years RI (IPC 167); sentences to run concurrently
- 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.
ASJ (FTC-04), Shahdara, Karkardooma Courts, Delhi (transferred from ASJ FTC-04, Gautam Budh Nagar, UP, vide SC order 24-01-2011) convicted the accused police personnel on 14 March 2019. The conviction was upheld on appeal. Appeal text.
Sentence & charges
Sentence: 10 years rigorous imprisonment (IPC 304/34) plus 3 years RI (IPC 167); sentences to run concurrently
Sections: IPC 304 Part I; IPC 365; IPC 220; IPC 167; IPC 34
Appeal status
Upheld on appeal. Appeal text