Widow of late Benu Sukla Baidya vs State of Tripura

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Online)(Gau) 73

TRIPURA HIGH COURT
, J
Widow of late Benu Sukla Baidya – Appellant
Versus
State of Tripura – Respondent

Table of Content
1. allegations of police torture must be substantiated. (Para 1 , 2 , 3)
2. court may presume police torture depending on evidence. (Para 4 , 5)
3. not every custodial death indicates police misconduct. (Para 11 , 12 , 14 , 15)
4. petition dismissed due to lack of supporting evidence. (Para 16 , 17)

1. The petitioner is the widow of late Benu Sukla Baidya and has filed this petition alleging that her husband is the victim of police torture and died in custody.

2. The undisputed facts are that Sri Benu Sukla Baidya (deceased) was accused in Police Case No. 21 of 2013 registered at Police Station Kamalpur under S.457 and S.380 of the Indian Penal Code. It is not disputed that he was arrested by the police on 21.04.2013 as a suspect in the case. Benu Sukla Baidya was produced by the Investigating Officer in the Court of the SDJM, Kamalpur on 22nd April, 2013. A prayer was made that the accused be remanded to police custody for 10(ten) days. The Magistrate vide his order dated 22nd April, 2013 allowed 5(five) days police remand and also directed that the accused should not be unnecessarily harassed and should be got examined by a Government Medical Officer after every 48 hou