Civil Police Officer’s Appeal Dismissed; Compensation Reduced but Adverse Inference Drawn from Lack of Evidence
The Kerala High Court has dismissed an appeal by a Civil Police Officer, identified as the 1st defendant, in a case concerning police misconduct. The officer was accused of assaulting a young lawyer, Sukumaran P. N., leading to injuries and subsequent legal proceedings spanning over 16 years. In a judgment delivered by Justice Easwaran S., the High Court upheld the conclusions of the lower courts but modified the compensation amount.
The case originated from an incident on April 30, 2010, when the plaintiff, Sukumaran, alleged that he was assaulted by the officer following a misunderstanding at a reported disturbance. Despite the plaintiff’s assertions and the production of substantial documentary evidence, the defendant failed to provide any oral or documentary counter-evidence, leading the courts to draw adverse inferences against him.
The Trial Court had initially awarded compensation of Rs. 1,50,000 to the plaintiff, which was later reduced to Rs. 1,26,554 by the First Appellate Court. The Kerala High Court noted the absence of evidence from the defendant and referenced the Supreme Court's precedent in Vidhyadhar v. Manikrao, supporting the drawing of adverse inferences in such circumstances.
The judgment further emphasized that strict rules of evidence are not mandatory in claims for damages resulting from noxious acts. The High Court found no substantial questions of law warranting interference with the lower courts' findings and dismissed the appeals, affirming the modified compensation with interest and awarding additional costs of Rs. 15,000 to the plaintiff.
Bottom line:-
In a claim for damages arising out of a noxious act, strict rules of evidence are not mandatory; failure of the defendant to adduce oral and documentary evidence can lead to adverse inference against him.
Statutory provision(s): Evidence Act, 1872; Indian Penal Code (IPC); Bharatiya Nyaya Sanhita, 2023
Sukumaran P. N. v. Vimal K. Charles, (Kerala) : Law Finder Doc id # 2942965
