ISSUE:
Whether the accused police officers unlawfully detained and tortured Nandagopal in custody, leading to his death?
Whether the accused police officers committed custodial gang rape against Padmini?
Whether the failure to frame charges under Section 302 IPC (murder) against the accused constituted a miscarriage of justice?
RULE:
Custodial violence is a direct violation of fundamental rights and an abuse of state power. Crimes by law enforcement officers must be judged with greater scrutiny due to the absolute control they exert over victims.
Sexual violence by police in custody is an aggravated offense that demands severe punishment. A victim’s testimony in such cases holds significant weight, as no woman would falsely make such humiliating allegations.
In cases of custodial deaths with visible injuries, there is a presumption of police culpability. The burden shifts to the accused to explain the cause of death, and in the absence of a credible explanation, it must be presumed to result from police brutality.
Failure to frame appropriate charges, particularly under Section 302 IPC, undermines justice. Murder in custody qualifies as a “rarest of rare” case, warranting the highest punishment, and the omission of such charges is a serious judicial lapse.