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Supreme Court Of India

(From : 1996 (3) All MR 110 (Bombay))

Hon'ble Judge(s): Doraiswamy Raju, Arijit Pasayat , JJ

(A) Constitution of India , Art.21— Life or personal liberty - Includes right to live with human dignity - Torture and custodial violence by men in 'Khaki' /State/or its functionaries - Cannot be permitted to defy constitutional right - Direct evidence rarely available - Brotherhood ties permit other police witnesses to feign ignorance about whole matter - Insistence of establishment of proof beyond reasonable doubt - Results in miscarriage of justice - Common man gradually looses faith in system of judiciary itself - Court proposes that stern measures are to be taken to check malady and cases should be dealt with in realistic manner. (Para 6 7) (B) Penal Code (45 of 1860) , S.330, S.331— Police atrocities/custodial death - Custodial crime mostly goes unpunished - Amendments to Evidence Act recommended by Law Commission Report that burden that injury was not caused by Police Officer must be discharged by Police Officer - Court suggesting Govt. and Legislature to give serious thought to said recommendations and make amendments keeping in view dehumanising aspect of crime. Though Ss. 330 and 331 of the Indian Penal Code, 1860 (for short the 'IPC') make punishable those persons who cause hurt for the purpose of extorting the confes....