Justice Prevails: Gujarat High Court Overturns 47-Year-Old Custodial Torture Conviction

The Gujarat High Court overturned former DGP S S Khandwawala's 2003 conviction of a 1976 custodial torture case, citing erroneous judgments by the sessions court. The prosecution failed to prove the torture allegations, leading the bench to dismiss the state's plea for sentence enhancement.

In a significant judicial turn, the Gujarat High Court has overturned the conviction of S S Khandwawala, a former director general of police, convicted for a 1976 custodial torture case. The court labeled the earlier sessions court judgment as both 'erroneous and lacking in merits'.

Justice Gita Gopi pointed to prosecutorial failures, including the inability to substantiate claims of police torture and crucial gaps in evidence, such as verifying the date of custody and injuries attributed to police actions. Consequently, Khandwawala's five-year rigorous imprisonment sentence, issued in 2003 by a Junagadh session court, stands nullified.

The sessions court had previously convicted Khandwawala in a case dating back to 1976, involving alleged custodial torture of Merag Haja. Prosecution's claims that Haja was beaten, leading to severe injuries, were inadequately supported, prompting the high court's ruling to side with the accused.

(With inputs from agencies.)