Background of the Case
In a recent ruling, the Supreme Court of India dismissed the State of Uttarakhand's criminal appeal in a murder case, affirming the acquittal of the accused. The case gained significant attention as it involved allegations of custodial torture against the accused, Nanku @ Pappu.
The bench, comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, noted that the accused suffered serious injuries, including a broken leg, while in police custody. The injuries were confirmed by medical testimony and were attributed to the use of heavy objects during assault.
Also Read:- Supreme Court Quashes Workplace Harassment Case, Cites 'Attempt to Turn Civil Dispute Into Criminal Offense'
Supreme Court's Observations
While evaluating the appeal, the Court emphasized the following:
- Last-Seen Theory Dismissed: The High Court had previously overturned the trial court's conviction, highlighting the failure of the prosecution to establish the last-seen theory. Key witnesses admitted their inability to identify the accused or confirm their presence with the deceased on the day of the incident.
- Custodial Violence: The Supreme Court found the evidence of custodial assault credible, as verified by a jail doctor’s testimony.
The Court remarked, “The view taken by the High Court is plausible and based on the evidence presented. In such a case, the State’s decision to file an appeal is questionable.”
Also Read:- Supreme Court Dismisses 2009 PIL Against Mayawati's Statues, Upholds ECI Guidelines on Public Funds
Directions to Authorities
Recognizing the gravity of custodial violence, the Supreme Court directed the jurisdictional District Magistrate to conduct a detailed inquiry into the incident. The inquiry report must be submitted by March 31, 2025, with appropriate action to be taken against the responsible police officials.
The appeals were dismissed, and the matter was scheduled for further directions on April 4, 2025, following the submission of the inquiry report.
Case Title:
State of Uttarakhand vs. Nanku @ Pappu & Anr.
Criminal Appeal Nos. 1189-1190/2015
