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Posted On : 18 Mar, 2017  Source : PTI  Place : New Delhi 
Retired SHO gets 5-yr jail for custodial death
A former SHO of Delhi Police has been sentenced to five years of rigorous imprisonment for a custodial death, with a special court saying there is no room for a "dehumanising" crime.

Special Judge Poonam Chaudhry convicted 71-year-old retired inspector Dharampal Yadav for the offences of culpable homicide not amounting to murder, causing hurt to extort confession, destruction of evidence, wrongful confinement, false evidence and using forged document as genuine under IPC.

The court held that the former SHO was the "perpetrator of crime" and responsible for picking up detainees, beating and ill-treating them, due to which the victim had died. The room was cleaned to shield Yadav and the co accused, it said.

"I am conscious of the fact that a precious human life has been lost at the hands of those who are expected to protect the life and liberty of citizens of this country.

Thus, in the facts and circumstances of the case as the crime is a dehumanising one, there can be no room for leniency.

"Thus, in my view, as the offence is of a serious nature, the punishment should be such as to deter others from indulging in such behaviour," the judge said.

Yadav was serving as a SHO at Hauz Qazi police station in Central Delhi at the time of the incident in 1997. Co-accused Ram Chander, then assistant sub inspector in Delhi Police, died during the trial and proceedings against him were abated.

Besides the jail term, the court imposed a fine of Rs 35,000 on the convict in the case relating to custodial death of Hari Shankar.

A case was lodged by the CBI

on April 17, 1998 against Yadav and others on the request of Delhi government and a notification from the Centre. The complaint was lodged by Shankar's brother alleging that the victim was tortured and killed by the police personnel of the Hauz Qazi police station.

It alleged that Shankar was picked up by policemen on December 9, 1997 at the instructions of Yadav and was mercilessly beaten up, leading to his death in police custody the next day.

CBI had filed a charge sheet in December 1999 against Yadav and Chander.

During the trial, Yadav denied his complicity in the offence and sought leniency in sentence on the ground that he was suffering from cancer and has to go for follow up treatment, as also that he has to support his wife and three children.
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