Custodial Death Of 16 Yr Old Boy: Bombay HC Grants Rs 5 Lakh Compensation To Victim's Father

The Bench of Justice Tanaji V. Nalawade and Justice Shrikant D. Kulkarni concluded that it was a case of custodial death at the hands of police officials of Shirdi Police Station.

The case before the Court

The petitioner (father of the deceased boy) sought ex gratia compensation to the tune of Rs.10 lakhs on account of custodial death of his son namely Kiran Rokade.

Also, a direction was sought for the State to register F.I.R. against the concerned guilty police officials in respect of custodial death of Kiran and add offence under Section 302 of Indian Penal Code in F.I.R. as against them and further direct the Superintendent of Police, Ahmednagar to initiate departmental enquiry against the guilty police officials.

According to the petitioner, in March 2016, about 11.00 a.m., the temple protection Police Officers caught his son Kiran on the suspicion of pick-pocketing and thereafter, the officials of the Shirdi Police Station assaulted him brutally and killed him.

According to the petitioner, Kiran was only 15 years old and could not have been arrested and kept in the custody and the parents or relatives of Kiran were not informed in respect of his custody.

It was alleged that there was no entry in the concerned register, no arrest panchnama was conducted, C.C.T.V. cameras were deliberately switched off and dead body was taken to the hospital and thereafter, the concerned Officer ran away.

After long persuasion, Crime No. 235/2016 for the offences punishable under Sections 342 and 306 read with Sec.34 of the Indian Penal Code came to be registered on 12.12.2016 against the concerned police officials and the investigation was entrusted to Dy. Superintendent of Police, C.I.D. Nashik.

It was informed to the Court that the charge-sheet has been filed against the above said Police Officers in respect of custodial death of son of the petitioner.

Court's order

Having regard to the above factual scenario, the Court noted that it was crystal clear that Kiran Rokade died in police lock up and thus, the Court held that his death fell in the category of custodial death.

The Court further said that it need not require going into arena whether the death of Kiran Rokade was homicidal or suicidal and who were responsible Police officials for such custodial death as the criminal law had been put in motion and charge-sheet had been filed.

Noting that the guidelines laid down by the Apex Court in the case of D.K. Basu Vs. State of West Bengal and ors. was completely violated by the concerned Police Station Officer and the police officials sub-ordinate to him, the Court said,

"No enquiry was conducted about the age of Kiran Rokade, whether he was juvenile and straightway put up him in the lock up which unfortunately resulted into his custodial death."

The Court further remarked,

"The State is responsible for ex gratia compensation. It is a case of violation of Article 21 of the Constitution of India. The petitioner has lost his son Kiran at a very tender age, who could have helped him for long years to go."

Importantly, the Court said,

"The custodial violence is always been a matter of great concern for all civilized societies. There must be great degree of sensibility amongst the police officials who are in authority with regard to the persons, who are arrested and kept in custody."

For the purpose of assessing ex gratia amount to be awarded to the petitioner on account of custodial death of his son, the Court relied on the Apex Court's ruling in the case of Sarla Verma (Smt.) and ors., Vs. Delhi Transport Corporation and anr., (2009) SCC 121.

The Court remarked that the multiplier applied therein with notional income per year needs to be considered as a guiding factor.

Lastly, the Court said that the prayer for ex gratia compensation of Rs.5 lakhs needs to be granted to unfortunate father/petitioner.

The Court directed the State to deposit, within 45 days, initially ex gratia compensation of Rs. Five lakhs in the Court.

Case title - Ashok Kondaji Rokade v. the State of Maharashtra and others [Criminal Writ Petition No. 1548 OF 2016]

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