The Hindu : New Delhi News : Simple imprisonment sentence against police officer quashed

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Wednesday, Aug 04, 2010
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New Delhi

Simple imprisonment sentence against police officer quashed

Legal Correspondent

New Delhi: The Supreme Court on Tuesday quashed a Madurai Bench of the Madras High Court judgment awarding one-month simple imprisonment to a senior police officer, Prem Kumar, in a case relating to handcuffing and parading of an ex-serviceman.

A Bench of Justice Markandey Katju and Justice T.S. Thakur allowed appeals filed by Mr. Prem Kumar challenging the judgment.

It was Mr. Prem Kumar's argument that the High Court did not consider that the trial court had convicted him in one case and acquitted him for the very same charge in another case; both the cases were based on the facts of the same incident and witnesses and evidence.

He said the allegation that Nallakaman (first respondent) was paraded and handcuffed through the street with leading chain had not been proved.

The High Court did not consider that all the independent witnesses had stated that the first respondent had attacked him and deterred him from discharging official duties inside the police station.

Resumed hearing

During the resumed hearing on Tuesday, senior counsel Sushil Kumar, appearing for Mr. Prem Kumar, submitted that the incident happened in 1982 and whatever the appellant did was within his official duties.

He had not exceeded his powers.

Though senior counsel Colin Gonsalves, appearing for Mr. Nallakaman tried to justify the High Court order, the Bench accepted the contentions of Mr. Prem Kumar, allowed his appeals and quashed the impugned judgment.

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