The Supreme Court, while rejecting a criminal appeal by the State of Uttarakhand, highlighted the issue of custodial torture faced by the accused. The Court upheld the acquittal of the accused in a murder case and instructed the jurisdictional District Magistrate to investigate the custodial violence allegations and take suitable legal actions against those responsible.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan was reviewing the State’s appeal challenging the High Court’s decision to acquit the accused. The High Court had previously overturned the conviction, citing the prosecution’s failure to substantiate the “last-seen” theory, which formed the basis of their case.
The Supreme Court noted the High Court’s observations regarding injuries sustained by the accused while in custody. The High Court recorded that a medical professional had confirmed the injury—a broken leg—was caused by an assault involving heavy objects, rather than an accidental fall.
During the proceedings, the prosecution’s key witness weakened their case by admitting under oath that they could neither identify the accused in court nor verify whether they were with the deceased on the day in question. Consequently, the prosecution’s claim that the accused was last seen with the deceased remained unproven.
The Supreme Court emphasized that the High Court’s judgment was a reasonable interpretation based on the available evidence. The bench also expressed concern over the State’s decision to pursue an appeal despite the clear shortcomings in the prosecution’s case. The appeal was dismissed with the observation: “The view taken by the High Court is undoubtedly plausible and, in fact, the only possible conclusion based on the evidence. We question the rationale behind the State’s decision to file this appeal.”
Although the appeals were dismissed, the Court directed that the case be listed on April 4, 2025, to review the report from the District Magistrate regarding the inquiry into custodial torture.
Case Reference: State of Uttarakhand vs. Nanku @ Pappu & Anr., Criminal Appeal Nos. 1189-1190/2015
Citation: 2025 LiveLaw (SC) 109
Expert in RERA & Consumer Matters, Co-operative Scty Matters,
Deem Conveyance, Family Matters, and Property Disputes.
Human and Civil Rights Campaigner
President Citizens Justice Forum https://citizensjusticeforum.in
YouTube Channel https://tinyurl.com/CitizensJusticeForum