Ahmedabad, Feb 24 (PTI) The Gujarat High Court on Tuesday set aside the conviction and sentence of five-year rigorous imprisonment of former director general of police S S Khandwawala in a 1976 custodial torture case, holding the order of the sessions court as “erroneous and failed in merits”.
Justice Gita Gopi set aside Khandwawala’s September 2003 conviction and sentence of five-year rigorous imprisonment by a sessions court at Junagadh under section 365 of the Indian Penal Code (IPC) in a 1976 custodial torture case.
The court also dismissed the plea filed by the state government for enhancement of the sentence passed by the sessions court in 2003.
In 2003, a sessions court at Junagadh had sentenced Khandwawala, the then deputy superintendent of police, to undergo a five-year jail term in a case of custodial torture of one Merag Haja, in a case under the Arms Act dating back to 1976.
The lower court had suspended his sentence following his appeal against conviction and sentence in the high court.
In its judgment, the high court observed that the order of the sessions court was “erroneous and failed in merits” as prosecution failed to prove the case of police custodial torture of the complainant Merag Haja. The prosecution also failed to prove that the injuries were those of police custody beating, and even the date of custody was not proved.
Another accused, P A Raol, died during the course of the trial proceedings and therefore, the case against him was abated.
Cases of two other accused, Bhupatsinh Vaghela and Rampalsingh Pawar, who were sentenced to undergo one-year rigorous imprisonment, were also abated after they passed away during the pendency of the appeal.
As per the prosecution, on October 7, 1976, Haja’s house was searched for possession of a gun, and he was taken to Porbandar police station.
On the next day, he was allegedly beaten by the accused and other four-five persons, after which he sustained a fracture and became unconscious.
On November 2, 1976, a private complaint was registered against them, accusing them of custodial torture in which the complainant alleged that he was beaten under lockup and suffered a fracture in the left leg.
He was hospitalised, and was released on bail on October 14, 1976.
In December 1981, the court took cognisance of his complaint against Khandwawala, and on September 16, 1982, registered the case.
Shabbir Hussein Shekhadam (S S) Khandwawala was Gujarat DGP between February 2009 to December 2010. PTI KA PD NP
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