The duty of the police is to bring the accused to trial and prosecute them and not to encounter on their own to satisfy the public anger.


(https://allindianlegalupdates.blogspot.com/2021/04/x-male-student-was-forcing-g-girl.html)

Issue:

  1. Whether the encounter by the police is valid? NO
  2. Whether the encounter amounts to extra judicial killing? YES
  3. Whether the State is liable for such fake encounter? YES

Rule:

The duty of the police is to bring the accused to trial and prosecute them and not to encounter on their own to satisfy the public anger.

Section 326A and 326B of the Criminal law (Amendment) Act, 2013, Section 326 A of Indian Penal Code, 1860

Application:

This problem is related to the 'Extra judicial killing or fake encounter'. The facts of the instant problem are similar to the Warrangal acid attack case. In December 2008, the police had shot dead the three acid attackers namely, S Srinivas Rao, P Harikrishna and D Sanjay, all in their twenties. Though the police justified the shooting and said the three tried to escape, there haven't been many takers.

The predominant view is that that trio was killed in a stage managed shooting to deliver quick justice to satisfy public anger. Even as several human rights organisations and political parties raised serious doubts about the manner in which the police indulged in extra judicial killings, the masses on the street had no qualms in celebrating the police.

The biggest were witnessed at the kakatiya Institute of Technology and Science where the victims of acid attack, K Swapnika and pranitha were studying. Students burst crackers and distributed sweets and raised slogans in support of the police. People like her had no doubt that Srinivas and his two friends were the culprits.

'They openly admitted their involvement in the attack. Srinivas had the audacity to admit that he attack Swapnika because she rejected his love,' said Sharmila, another student.

Conclusion:

In the instant problem, the encounter by police is not valid. Such encounter amounts to extra judicial killing. Hence, the State is liable for such fake encounter.


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