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)
Per the Supreme Court judgment of 09-05-1963, Police 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.
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 (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 Police Constable, Vempalli Police Station, Cuddapah District (undivided Andhra Pradesh).
- Register number
- AP 39 CW 0005
- 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
- Police 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.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Sessions Judge, Anantapur Division convicted the accused police personnel on 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. The conviction was upheld on appeal. Appeal text.
Sentence & charges
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)
Sections: IPC 330; IPC 348; IPC 331; IPC 201
Appeal status
Upheld on appeal. Appeal text