Kolkata, Feb. 17 -- In a case of alleged custodial torture causing death of an accused, Calcutta High Court quashed charges of fabricating false evidence in a judicial proceeding against two Kolkata Police officers of Burtolla Police Station but refused to exonerate them sans trial.

The bench of Justice Suvra Ghosh was moved by the officers (petitioners) praying for quashing of the charges framed against them by the trial court.

One Bhushan Deshmukh was in police custody from September 20, 2015 in connection with a Burtolla PS case, charged under Arms Act sections. However, he was shifted to the hospital from police custody and died on the same day.

Upon magisterial inquest and autopsy, a report was submitted by the then Assistant Commissioner of Police (II), North and North Suburban Division, Kolkata before the then Deputy Commissioner of Police of that division. A complaint was initiated against the petitioners and others.

Petitioners' counsel submitted that CCTV footage relied upon by the prosecution was not given to them.

The trial court framed charge under Section 302 IPC (murder) though sanction for prosecution was granted and charge sheet was submitted for offence under Section 304 IPC (culpable homicide).

Further, counsel said charges for fabricating false evidence under Section 167/193 IPC were framed in connection with another case and not the case concerned.

State's counsel submitted that obtaining sanction for prosecution under a particular section doesn't preclude the court from framing charges beyond the same if sufficient material is found on record.

Also, CCTV footage were supplied to them and it showed their presence in the station when police were assaulting the victim.

Quashing the charge of fabricating false evidence, the court observed it would have been applicable had the offence been committed in respect of a document produced or given in evidence in the proceeding. In this case, an alleged offence was committed before an FIR was lodged.

For the murder charge, the court observed the trial court order cannot be faulted for non-disclosure of the submission in detail. The court refused to exonerate the two officers at this stage, allowing the matter to undergo trial.

Published by HT Digital Content Services with permission from Millennium Post.