# Sessions trial, Sessions Judge Anantapur Division (State vs \[name withheld\] & Ors.); Criminal Appeal (SC) No.142/1961, decided 09-05-1963 (AIR 1964 SC 33)

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2w3-32-003](https://datalibertarian.in/babuwatch/trial-court/t2w3-32-003)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w3-32-003.json](https://datalibertarian.in/babuwatch/data/case/t2w3-32-003.json)

Trial-court conviction (Sessions Judge, Anantapur Division; Sessions Court). Convicted date not stated; between the January 1957 incident and the 1961 appeal to the Supreme Court; the Supreme Court itself convicted under IPC 330 on 9 May 1963. Appeal status: Upheld on appeal.

## Summary

Per the Supreme Court judgment of 09-05-1963, Head Constable of Vempalli police station (Cuddapah district) was among three policemen convicted by the Sessions Judge, Anantapur Division, for confining and beating a suspect arrested on 06-01-1957. The trial court convicted under IPC 348, 331 and 201/109 with 5 years RI; the AP High Court acquitted on appeal; the Supreme Court set aside the acquittal in part, convicted all three under IPC 330 and sentenced each to 5 years RI. Exact trial conviction date is not stated in the accessed extract.

## Report card

By judgment (date not stated in the sources; between the January 1957 incident and the 1961 appeal to the Supreme Court; the Supreme Court itself convicted under IPC 330 on 9 May 1963), the Sessions Judge, Anantapur Division convicted the Head Constable, Vempalli Police Station, Cuddapah District (undivided Andhra Pradesh).

- Register number: AP 39 CW 0004
- Case reference: Criminal Appeal No. 142 of 1961; reported in the judgment of the Supreme Court of India
- Court and date: The Sessions Judge, Anantapur Division
- Officer(s) at the material time: Head Constable, Vempalli Police Station, Cuddapah District (undivided Andhra Pradesh)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 330 of the Indian Penal Code, 1860; Section 348 of the Indian Penal Code, 1860; Section 331 of the Indian Penal Code, 1860; Section 201 of the Indian Penal Code, 1860
- Finding of the Court (extract): “Accordingly, we convict the respondents under s. 330 of the Indian Penal Code and we sentence each of them to five years' rigorous imprisonment.”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: 5 years rigorous imprisonment (sentence imposed by the Supreme Court under IPC 330, retaining the 5-year term the Sessions Judge had imposed under IPC 331)
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://www.courtkutchehry.com/judgements/643373/the-state-of-andhra-pradesh-appellant-hash-n-venugopal-and-others-respondent/); [Appellate judgment](https://www.courtkutchehry.com/judgements/643373/the-state-of-andhra-pradesh-appellant-hash-n-venugopal-and-others-respondent/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w3-32-003)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: custodial torture
- Location: YSR Kadapa, Andhra Pradesh
- Officers: Head Constable, Vempalli Police Station, Cuddapah District (undivided Andhra Pradesh)
- Sentence: 5 years rigorous imprisonment (sentence imposed by the Supreme Court under IPC 330, retaining the 5-year term the Sessions Judge had imposed under IPC 331)
- Verification: V2 · Trial court