This Criminal Revision Petition is filed under Secs.397 and 401 of the Code of Criminal Procedure (hereinafter referred to as the Code for short) by the 6th and 5th accused in S.C. No. 917 of 2012 of the Special Court (for the trial of CBI cases) Thiruvananthapuram (hereinafter referred to as the 'Special Court' for short). Accused nos.1 to 3 were charge sheeted by the Special Court, Thiruvananthapuram under Secs.323, 331, 348 and 302 read with Sec.34 of the Indian Penal Code. A1 to A3 and A5 to A7 were charge sheeted under Sec.120B read with Sec.167, 201, 466, 477 and 474 of the Indian Penal Code. A4 was discharged by the Special Court, CBI cases. The accused were Police officers in the Fort Police station, Thiruvananthapuram.

2. The prosecution case is that, on 27.09.2005 at 2.00 p.m., one Uadayakumar and Suresh Kumar alias Mani were taken into illegal custody from Sreekandeswaram Park, Thiruvananthapuram by the 1st accused (Jithakumar) and 2nd accused (Sreekumar). Subsequently, both of them were taken to Fort Police station. In order to extort confession from Udayakumar they took him into the office of the Circle Inspector of Police, Fort Police station and wrongfully conf