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1997 Supreme(SC) 1432

D.P.WADHWA, SUJATA V.MANOHAR
Secretary To Government, Home Department – Appellant
Versus
Srivaikundathan – Respondent


(1) THE respondent Srivaikundathan while working as a Police Constable was assigned along with Naik Joseph, the duty of escorting two prisoners from central Jail, Palayankottai to the court of Judicial Magistrate, IInd Class, Ambasamundram on 20/5/1987. Accordingly he along with Joseph Naik 2495 were issued handcuffs, rifles and bus warrants for prisoners escort duty. After taking charge of the prisoners, the respondent and Joseph left the handcuffs in a petty shop near the central Jail, Palayankottai. Both the prisoners were taken to Ambasamundram and were produced before the Judicial Magistrate, Ambasamundram. On the return journey, instead of coming directly to Palayankottai, the respondent and Joseph, along with the prisoners broke the return journey at Cheramandevi. The respondent and Joseph left their rifles at the press of lbrahim (Public witness 9. One of the prisoners Ulaganatham was unauthorisedly taken to his village to visit his relations and concubine. He escaped. No complaint, however, was lodged by the respondent and Joseph until the next day at 12 p.m. when they falsely reported that prisoner Ulaganatham escaped when he was permitted by Joseph and the respon



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