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Supreme Court of India 2018-09-04 partly_allowed

Yashwant etc vs State of Maharashtra

Bench: 2 — N.V. Ramana

In Brief

Police officers arrested and tortured an innocent man (Joinus) overnight, causing his death by asphyxiation. The trial court convicted them under Section 330 (causing hurt to extract confession) but acquitted them of murder. The High Court upheld the Section 330 conviction but acquitted most accused of other charges. The Supreme Court affirmed no causal link between injuries and death (asphyxiation was independent cause). It rejected the superior orders defence and upheld one accused's acquittal due to insufficient presence evidence. Crucially, the Court enhanced punishment from 3 to 7 years under Section 330, emphasizing that custodial torture by police is a grave offence requiring deterrent punishment to preserve public confidence in the criminal justice system.

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Criminal Law Police Conduct Custodial Torture Causation Murder and Culpable Homicide Evidence Sentencing Criminal Procedure

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